02. Budget MessageCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
Fiscal Year 2011 Budget Message
In September 2009, city council and staff began a 9 month review of the city's budget process,
the purpose of which was to provide a comprehensive understanding of how the city operates,
the laws and regulations governing this operation (see attachment), and how that gets translated
in the provision of services for the Kalispell citizens. Additionally, this review process assisted
in preventing "silo'd" decisions and understanding the basis for past decisions and the legal or
historical context with which they were made.
I have attached to this message a copy of an inventory which identifies, by function, what
services the city provides that are mandated and what services are implemented via policy. This
information is valuable as governmental entities have a responsibility of determining what
services should be provided with the limited resources available. It also aids in identifying
service provision options, potential revenue sources for specific service options, partnerships,
and where potential liabilities may exist.
Several areas were discussed through this budget review process that brought to light some of the
difficulties the city has been having in the recent past. Capital planning and capital equipment
replacement programs have not been comprehensively integrated. This work was completed in
February and reviewed with council to provide a more thorough understanding of how decisions
to postpone capital needs, or making decisions without a prioritized comprehensive capital plan,
could introduce complexities in making future budgetary decisions.
City council and staff also reviewed the financial condition of the city and how past decisions,
coupled with the current economic situation, have impacted the city's financial condition. A
spreadsheet of this information is also attached that highlights how various decisions affected
ending year cash reserves.
Highlights and FY 2011 Outlook
The FY 2011 budget has several changes worth noting. First, the external budget requests have
been removed from the various budgets they had been residing in. These requests were then
presented to council for a policy determination on funding levels. Similarly, the 911 budget was
removed from the police area of the general fund and moved into the administrative portion of
the general fund to more clearly identify this service as multi -departmental.
Consolidation of several functions began with combining building inspection and fire inspection
duties. Staff will continue moving in the direction of consolidation and cross training for several
other functions within the city in 2011.
Council has moved forward in appointing an urban redevelopment agency whose role it is to
review and make recommendations in the use of TIF districts, including a recommendation on
the future of the Westside TIF district.
Special Notes and Challenges
The economic outlook for Kalispell is not anticipated to improve dramatically in the 2011 budget
year. In addition to this challenge, the reappraisal process resulted in $100,000 in protested taxes
within the corporate limits. Due to the extent of protests, it will take some time before these
situations are resolved and those funds can be released to the city.
Summary
With all the challenges that lie ahead, the City of Kalispell's elected and appointed officials did
an incredible job working on this budget and providing an efficient and effective operating plan
for the coming year. If nothing else, the fact that our ending fund (general) balance went from
$649,843 last year to an anticipated $900,897 at the end of this budget, speaks volumes to the
commitment to the community these officials have.
f 4ane Howington
City Manager
11
The City of Kalispell
Legal Structure of the Budget Process
®®® What kind of animal is the City of Kalispell?
o 7-1-4101. Nature of municipalities. A city or town is a body politic and corporate
with the general powers of a corporation and the powers specified or necessarily
implied in this title or in special laws heretofore enacted.
o 7-1-4111. Classification of municipalities. (1) Every city having a population of
10, 000 or more is a city of the first class.
(2) Every city having a population of less than 10, 000 and more than 5, 000 is
a city of the second class.
(3) Every city having a population of less than 5, 000 and more than 1, 000 is a
city of the third class.
(4) Every municipal corporation having a population of less than 1, 000 and
more than 300 is a town.
o 7-1-4122. Distribution of powers. (1) A municipality has legislative, executive,
and judicial powers.
(2) All legislative powers are vested in the governing body of the municipality.
(3) Executive powers are vested as provided in the form of government
adopted by the municipality.
(4) The judicial powers of a municipality are vested in the municipal court.
o Kalispell City Ordinance No. 1166. On November 7, 1989, pursuant to the
recommendations of the city government study commission as authorized by state
law, the electors of the City of Kalispell voted to adopt the Commission -Manager
(Council -Manager) form of government. This was "codified" by Ordinance No.
1166. This is most closely related to the `Board/CEO" business model wherein
the City Council, like a board of directors, sets and approves the policy of the City
and the City Manager, like the CEO, manages the day to day operations of the
City within those policy parameters.
• What powers does the City of Kalispell have?
o The voters of the City of Kalispell have not taken the next step to become a
"charter" city or otherwise known as a "self-governing" city. The City of
Kalispell is therefore a "general powers" city.
o 7 1-4124. Powers. A municipality with general powers has the power, subject to
the provisions of state law, to:
(1) enact ordinances and resolutions;
(2) sue and be sued;
(3) buy, sell, mortgage, rent, lease, hold, manage, or dispose of any interest in
real or personal property;
iii
(4) contract with persons, corporations, or any other governmental entity;
(5) pay debts and expenses;
(6) borrow money;
(7) solicit and accept bequests, donations, or grants of money, property,
services, or other advantages and comply with any condition that is not contrary
to the public interest;
(8) execute documents necessary to receive money, property, services, or other
advantages from the state government, the federal government, or any other
source;
(9) make grants and loans of money, property, and services for public
purposes;
(10) require the attendance of witnesses and production of documents relevant
to matters being considered by the governing body;
(11) hire, direct, and discharge employees and appoint and remove members
of boards;
(12) ratify any action of the municipality or its officers or employees that could
have been approved in advance;
(13) have a corporate seal and flag;
(14) acquire by eminent domain, as provided in Title 70, chapter 30, any
interest in property for a public use authorized by law;
(15) initiate a civil action to restrain or enjoin violation of an ordinance;
(16) enter private property, obtaining warrants when necessary, for the
purpose of enforcing ordinances that affect the general welfare and public safety;
(17) conduct a census;
(18) conduct inventories of public property and preparatory studies;
(19) condemn and demolish hazardous structures;
(20) purchase insurance and establish self-insurance plans;
(21) impound animals and other private property creating a nuisance or
obstructing a street or highway;
(22) establish quarantines;
(23) classify all violations of city ordinances as civil infractions, with civil
penalties, as provided in 7-1-4150. and
(24) exercise powers not inconsistent with law necessary for effective
administration of authorized services and functions.
o 7-1-4123. Legislative powers. A municipality with general powers has the
legislative power, subject to the provisions of state law, to adopt, amend, and
repeal ordinances and resolutions required to:
(1) preserve peace and order and secure freedom from dangerous or noxious
activities;
(2) secure and promote the general public health and welfare;
(3) provide any service or perform any function authorized or required by
state law;
(4) exercise any power granted by state law;
(5) subject to 15-10-420, levy any tax authorized by state law for public or
governmental purposes as described in 7-6-2527;
IV
(6) appropriate public funds;
(7) impose a special assessment reasonably related to the cost of any special
service or special benefit provided by the municipality or impose a fee for the
provision of a service;
(8) grant franchises; and
(9) provide for its own organization and the management of its affairs.
o 7-5-4101. General powers of municipal council. The city or town council has
power to make and pass all bylaws, ordinances, orders, and resolutions not
repugnant to the constitution of the United States or of the state of Montana or to
the provisions of this title, necessary for the government or management of the
affairs of a city or town, for the execution of the powers vested in the body
corporate, and for carrying into effect the provisions of this title.
®®® What laws govern the City's process in developing its budget?
o 7-1-4141. Public meeting required. (1) All meetings of municipal governing
bodies, boards, authorities, committees, or other entities created by a
municipality shall be open to the public except as provided in 2-3-203.
(2) Appropriate minutes shall be kept of all public meetings and shall be made
available upon request to the public for inspection and copying.
o 7-1-4142. Public participation. Each municipal governing body, committee,
board, authority, or entity, in accordance with Article II, section 8, of the
Montana constitution and Title 2, chapter 3, shall develop procedures for
permitting and encouraging the public to participate in decisions that are of
significant interest to the public.
o 7-1-4143. Participation. In any meeting required to be open to the public, the
governing body, committee, board, authority, or entity shall adopt rules for
conducting the meeting, affording citizens a reasonable opportunity to participate
prior to the final decision.
o 7-1-4144. Public records. (1) Except as provided in subsection (2), all records
and other written materials in the possession of a municipality shall be available
for inspection and reproduction by any person during normal office hours. The
governing body may impose reasonable fees for providing copies of public
records.
(2) Personal records, medical records, and other records which relate to
matters in which the right to individual privacy exceeds the merits of public
disclosure shall not be available to the public unless the person they concern
requests they be made public.
(3) Except as provided by law and as determined by the chief law enforcement
administrator, law enforcement records which relate to matters in which the right
to individual privacy or law enforcement security exceeds the merits of public
disclosure shall not be available to the public.
0
®®® What services must a municipality provide?
o 7-33-4101. Fire department authorized and required. In every city and town of
this state there must be afire department, which must be organized, managed,
and controlled as provided in this part except that a third-class city or town may
contract for fire protection services or consolidate its fire department with
another fire protection provider created under this part.
o 7 32-4101. Police department authorized and required. There shall be in every
city and town of this state a police department which shall be organized,
managed, and controlled as provided in this part.
o Other statutory and contractual obligations exist that call services into play.
® City Health Board required — may combine with County and may staff
® Planning Board required along with extensive planning (Growth Policy)
® Certain mandates from Federal and State governments (Stormwater regs)
•®® What services may a municipality provide (and pay for with taxes, assessments or fees)?
o 7-6-2527. Taxation —public and governmental purposes. A county may impose a
property tax levy for any public or governmental purpose not specifically
prohibited by law. Public and governmental purposes include but are not limited
to:
(1) district court purposes as provided in 7-6-2511;
(2) county -owned or county -operated health care facility purposes as provided
in 7-6-2512;
(3) county law enforcement services and maintenance of county detention
center purposes as provided in 7-6-2513 and search and rescue units as provided
in 7-32-235;
(4) multijurisdictional service purposes as provided in 7-11-1022;
(5) transportation services for senior citizens and persons with disabilities as
provided in 7-14-111;
(6) support for a port authority as provided in 7-14-1132;
(7) county road, bridge, and ferry purposes as provided in 7-14-2101, 7-14-
2501, 7-14-2502, 7-14-2503, 7-14-2801, and 7-14-2807;
(8) recreational, educational, and other activities of the elderly as provided in
7-16-101;
(9) purposes of county fair activities, parks, cultural facilities, and any county -
owned civic center, youth center, recreation center, or recreational complex as
provided in 7-16-2102 and 7-16-2109;
(10) programs for the operation of licensed day-care centers and homes as
provided in 7-16-2108 and 7-16-4114;
(11) support for a museum, facility for the arts and the humanities, collection
of exhibits, or a museum district created under provisions of Title 7, chapter 11,
part 10, or former Title 7, chapter 16, part 22;
vi
(12) extension work in agriculture and home economics as provided in 7-21-
3203;
(13) weed control and management purposes as provided in 7-22-2142;
(14) insect control programs as provided in 7-22-2306;
(15) fire control as provided in 7-33-2209;
(16) ambulance service as provided in 7-34-102;
(17) public health purposes as provided in 50-2-111 and 50-2-114;
(18) public assistance purposes as provided in 53-3-115;
(19) indigent assistance purposes as provided in 53-3-116;
(20) developmental disabilities facilities as provided in 53-20-208;
(21) mental health services as provided in 53-21-1010;
(22) airport purposes as provided in 67-10-402 and 67-11-302;
(23) purebred livestock shows and sales as provided in 81-8-504;
(24) economic development purposes as provided in 90-5-112;
(25) prevention programs, including programs that reduce substance abuse;
and
(26) forest or grassland hazardous fuels reduction projects in areas near
homes and communities where wildland fire is a threat.
®®® What is the City's authority for raising revenue?
o 7-6-4401. General taxing power of municipalities. Subject to 15-10-420, the city
or town council may levy and collect taxes for general and special public or
governmental purposes on all property within the city or town subject to taxation
under the laws of the state.
o 7-6-4406. Authority to levy special taxes and assessments. Subject to 15-10-420,
the council may assess and levy the special taxes or assessments provided for in
this title.
o 7-6-4421. Authorization for tax levy and collection by municipality. (1) Subject
to 15-10-420, the council has power to annually levy and collect taxes on all the
property in the city or town taxable for state and county public or governmental
purposes and may by ordinance provide for the levy and collection of the taxes.
(2) Until the passage of the ordinance, the levy and collection of municipal
taxes are and the proceedings for those purposes must be as provided in this part.
o 7-6-4431. Authorization to exceed or impose less than maximum mill levy —
election required to exceed. The governing body of a municipality may raise
money by taxation for the support of municipal government services, facilities, or
other capital projects in excess of the levy allowed by 15-10-420 under the
following conditions:
(1) The governing body shall pass a resolution indicating its intent to exceed
the current statutory mill levy limit on the approval of a majority of the qualified
electors voting in an election under subsection (2). The resolution must include:
(a) the specific purpose for which the additional money will be used,
vii
(b) the specific dollar amount to be raised; and
(c) the approximate number of mills required.
(2) The governing body shall submit the question of the additional mill levy to
the qualified electors of the municipality at an election as provided in 15-10-425.
The question may not be submitted more than once in any calendar year. If the
majority of voters voting on the question is in favor of the additional levy or
levies, the governing body is authorized to impose the mill levy in the amount
specified in the resolution.
(3) An election is not required for a governing body to impose less than the
maximum number of mills or to carry forward authorization to impose the
maximum number of mills in a subsequent tax year as provided in 15-10-
420(1)(b).
o 7-6-4451. All-purpose mill levy authorized. It is the purpose of 7-6-4451 and 7-6-
4453 through 7-6-4455 to authorize the cities and towns of Montana to make an
all-purpose annual mill levy in lieu of the multiple levies authorized by the
statutes of Montana.
o 7-6-4453. Certain special mill levies also available. (I) The all-purpose mill levy
does not include the levies imposed for bonded indebtedness, to pay judgments or
tax protest refunds, or for special improvement district revolving funds of
municipalities. Subject to 15-10-420, additional levies may be made in addition to
the all-purpose mill levy, as provided in subsection (2). Sections 7-6-4451, 7-6-
4454, 7-6-4455, and this section may not be construed as repealing those statutes
providing for multiple separate levies.
(2) Extraordinary levies otherwise authorized to pay for bonded indebtedness,
judgments, tax protest refunds, or special improvement district revolving funds
may be made by municipalities in addition to the all-purpose mill levy provided
for in 7-6-4451, 7-6-4454, 7-6-4455, and this section.
o 15-10-420. Procedure for calculating levy. (1) (a) Subject to the provisions of
this section, a governmental entity that is authorized to impose mills may impose
a mill levy sufficient to generate the amount of property taxes actually assessed in
the prior year plus one-half of the average rate of inflation for the prior 3 years.
The maximum number of mills that a governmental entity may impose is
established by calculating the number of mills required to generate the amount of
property tax actually assessed in the governmental unit in the prior year based on
the current year taxable value, less the current year's value of newly taxable
property, plus one-half of the average rate of inflation for the prior 3 years.
(b) A governmental entity that does not impose the maximum number of mills
authorized under subsection (1)(a) may carry forward the authority to impose the
number of mills equal to the difference between the actual number of mills
imposed and the maximum number of mills authorized to be imposed. The mill
authority carried forward may be imposed in a subsequent tax year.
(c) For the purposes of subsection (1)(a), the department shall calculate one-
half of the average rate of inflation for the prior 3 years by using the consumer
price index, U.S. city average, all urban consumers, using the 1982-84 base of
100, as published by the bureau of labor statistics of the United States department
of labor.
(2) A governmental entity may apply the levy calculated pursuant to subsection
(1)(a) plus any additional levies authorized by the voters, as provided in 15-10-
425, to all property in the governmental unit, including newly taxable property.
(3) (a) For purposes of this section, newly taxable property includes:
(i) annexation of real property and improvements into a taxing unit,
(ii) construction, expansion, or remodeling of improvements;
(iii) transfer of property into a taxing unit;
(iv) subdivision of real property; and
(v) transfer of property from tax-exempt to taxable status.
(b) Newly taxable property does not include an increase in value that arises
because of an increase in the incremental value within a tax increment financing
district.
(4) (a) For the purposes of subsection (1), the taxable value of newly taxable
property includes the release of taxable value from the incremental taxable value
of a tax increment financing district because of:
(i) a change in the boundary of a tax increment financing district;
(ii) an increase in the base value of the tax increment financing district
pursuant to 7-15-4287; or
(iii) the termination of a tax increment financing district.
(b) If a tax increment financing district terminates prior to the certification of
taxable values as required in 15-10-202, the increment value is reported as newly
taxable property in the year in which the tax increment financing district
terminates. If a tax increment financing district terminates after the certification
of taxable values as required in 15-10-202, the increment value is reported as
newly taxable property in the following tax year.
(c) For the purpose of subsection (3)(a)(ii), the value of newly taxable class
four property that was constructed, expanded, or remodeled property since the
completion of the last reappraisal cycle is the current year market value of that
property less the previous year market value of that property.
(d) For the purpose of subsection (3)(a)(iv), the subdivision of real property
includes the first sale of real property that results in the property being taxable as
class four property under 15-6-134 or as nonqualified agricultural land as
described in 15-6-133(1)(c).
(5) Subject to subsection (8), subsection (1)(a) does not apply to:
(a) school district levies established in Title 20; or
(b) a mill levy imposed for a newly created regional resource authority.
(6) For purposes of subsection (1)(a), taxes imposed do not include net or
gross proceeds taxes received under 15-6-131 and 15-6-132.
(7) In determining the maximum number of mills in subsection (1)(a), the
governmental entity may increase the number of mills to account for a decrease in
reimbursements.
(8) The department shall calculate, on a statewide basis, the number of mills to
be imposed for purposes of 15-10-108, 20-9-331, 20-9-333, 20-9-360, and 20-25-
ix
439. However, the number of mills calculated by the department may not exceed
the mill levy limits established in those sections. The mill calculation must be
established in tenths of mills. If the mill levy calculation does not result in an even
tenth of a mill, then the calculation must be rounded up to the nearest tenth of a
mill.
(9) (a) The provisions of subsection (1) do not prevent or restrict:
(i) a judgment levy under 2-9-316, 7-6-401 S, or 7-7-2202;
(ii) a levy to repay taxes paid under protest as provided in 15-1-402;
(iii) an emergency levy authorized under 10-3-405, 20-9-168, or 20-15-326;
(iv) a levy for the support of a study commission under 7-3-184;
(v) a levy for the support of a newly established regional resource authority;
or
(vi) the portion that is the amount in excess of the base contribution of a
governmental entity's property tax levy for contributions for group benefits
excluded under 2-9-212 or 2-18-703.
(b) A levy authorized under subsection (9)(a) may not be included in the
amount of property taxes actually assessed in a subsequent year.
(10) A governmental entity may levy mills for the support of airports as
authorized in 67-10-402, 67-11-301, or 67-11-302 even though the governmental
entity has not imposed a levy for the airport or the airport authority in either of
the previous 2 years and the airport or airport authority has not been
appropriated operating funds by a county or municipality during that time.
(11) The department may adopt rules to implement this section. The rules may
include a method for calculating the percentage of change in valuation for
purposes of determining the elimination of property, new improvements, or newly
taxable property in a governmental unit.
®®® Beyond its general taxing authority a municipality also has the legal authority to institute
fees and assessments.
o This authority is attached to a myriad of state statutes ranging from bonding laws,
improvement district laws and impact fee laws, to name a few.
x
Ciq A ttorney Prosecutor/Civil
City Clerk Clerk
Community Attraction
Development Retention
TIF/RLF
Grant Administration
Finance Public Money
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Fire Code Dispatch
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ALS/BLS
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Municipal Court Clerk (§2-59 KCC)
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Skate Park
Pedestrian/Bike Trails
Water Park
Skating Rink/Camp Center
Kidsports/Tennis Complex
Gardens
Playgrounds
Recreation Programs
Urban Forestry Program/Trees
Police Enforcement Detectives/Major Crime Unit
Dispatch
Traffic/DUI Task Force
Drug Task Force
SWAT
School Resource Officer
Officer for Municipal Court Security Process/Execute Court Orders
(§3-6-303 MCA) & Court Security
xi
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City Attorney Legal Services
City Clerk Records Media Services
Codification
Finance Reporting
Utility Billing
Audit
Liability/Property Insurance
Budget
Meter Reading
Accounting
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-PERS - OSHA
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IT Computer Network
- Software
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Municipal Court Domestic Violence Court
DUI & Drug Courts
Planning/Building/Zoning Zoning Code
Code Enforcement
Building Codes
- Weeds
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- Vehicles
Floodplain Regulations
- Decay
Growth Policy
GIS Mapping Program
Census Coordination
Inspections
Plans Review
ALL Equipment/Fleet Maintenance
Blding/Facilities Maintenance
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