CITY OF POLSON COMMISSION AGENDA COMMISSION CHAMBERS NOVEMBER 17, 2014 7:00P,M. 1. CALL TO ORDER Mayor Knutson 2. APPROVAL OF PROPOSED AGENDA Mayor Knutson 3. APPROVAL OF CITY COMMISSION MEETING MINUTES NOVEMBER 3, 2014 Mayor Knutson 4. CONSENT AGENDA a. Claims November 1-14, 2014 b. Appoint Ardrene Sarracino as Ex- Officio to the Local Government Review Commission c. Cash Reconciliation for October 2013 d. Cash Reconciliation for November 2013 5. CITY MANAGER COMMENTS City Manager Mark Shrives NEW BUSINESS 6. PUBLIC HEARING-BUDGET AMENDMENT FISCAL YEAR 2013-14 Finance Officer Cindy Dooley 7. APPROVE RESOLUTION TO APPROPRIATE MONEY AND PROVDE FOR THE PAYMENT OF DEBTS AND EXPENSES FOR THE CITY OF POLSON IN FISCAL YEAR 2013-2014 AS DETAILED ON EXHIBIT A OF THE RESOLUTION. Finance Officer Cindy Dooley 8. APPROVAL OF PLEDGED SECURITIES FOR PURCHASE OF $1,000,000 CERTIFICATE OF DEPOSIT AT FIRST CITIZENS BANK, POLSON, MONTANA Finance Officer Cindy Dooley 9. APPROVE A TWO-YEAR EXTENSION AGREEMENT ON BEHALF OF THE ROBIN AND DANIELLE DOTSON 2-LOT SUBDIVISION. Contracted Planner Erica Wirtala City Commission Meeting November 17, 2014 Page 1 10. APPROVE THE FIRST READING OF ORDINANCE TO AMEND THE CITY OF POLSON BUILDING CODES. David Simons Jr., City of Polson Building Official 11. APPROVE THE FIRST READING OF THE ORDINANCE ADOPTING ARTICLES 1,2,3,AND 4 OF THE CITY OF POLSON BOOK OF ORDINANCES City Manager Mark Shrives 12. WASTE WATER INFRASTRUCTURE DECISION City Manager Mark Shrives 13. CITY OF POLSON GOLF COURSE RESTAURANT LIQUOR LICENSE SALE City Manager Mark Shrives 14. PUBLIC COMMENT ON SIGNIFICANT MAnERS TO THE PUBLIC NOT ON THE AGENDA (address items to the Chair. Commission takes no action on items discussed) 1S. ADJOURN Mayor Knutson City Commission Meeting November 17, 2014 Page 2 CITY OF POLSON COMMISSION MEETING Commission Chambers November 3, 2014 3 7:00p.m. ATTENDANCE: Mayor Heather Knutson, City Commissioners: John Campbell, Todd Erickson, Dan Morrison, Ken Siler, Jill Southerland, City Manager Mark Shrives, City Attomey Rich Gebhardt, and C ity Clerk Cora Pritt. ABSENT: Commissioner Stephen Tumer Others present (that voluntarily signed in): Elsa Duford, Kevin Johnson DOWLIHKM, Shari Johnson City Enginner, Lisa Kinyon, Rick LaPiana, City Water/Sewer Superintendent Tony Porrazzo, Andrew Speer, and Diane Speer CALL TO ORDER - Mayor Knutson called the meeting to order. The pledge of allegiance was recited. Roll call was taken. APPROVAL OF PROPOSED AGENDA- Commissioner Southerland motion to approve the proposed agenda. Commissioner Erickson second. Commission Discussion: none Public Comment: none. VOTE: Unanimous Motion carried APPROVAL OF CITY COMMISSION MEETING MINUTES OCTOBER 20, 2014-Commissioner Southerland motion to approve City Commission Meeting Minutes October 20, 2014. Commissioner Campbell second. City Commission discussion: none Public Comment: none. VOTE: Unanimous Motion carried APPROVAL OF CITY COMMISSION SPECIAL MEETING MINUTES OCTOBER 27, 2014Commissioner Erickson motion to approve City Commission Special Meeting Minutes October 27, 2014. Commissioner Southerland second. City Commission discussion: none Public Comment: none. VOTE: 5 ayes Commissioner Morrison abstained Motion carried CONSENT AGENDA-Claims October 16-30, 2014 Commissioner Campbell motion to approve the Consent Agenda. Commissioner Siler second. Commission Discussion: none Public comment: none VOTE: Unanimous Motion carried CITY MANAGER COMMENTS-City Manager Shrives commented that Chapters I & 2, that were discussed at the workshop, have been updated and posted on the City webs ite. The email set up for th is project is: [email protected] and the email has been posted on the website as well. The first reading of the Ordinance will be on November 17'h The Public Hearing held by the Lake County Commissioners regarding the City County Planning Board will be November 12'h at 10:30 a.m. This will be the hearing for the County Resolution of Intent to disband the City County Planning Board. The issues with Access Montana have been resolved. What came out of this discussion with them is the need for an Excavation Ordinance, which will have a first reading on November 17'h also. In conclusion, November 4,2014 City Hall will be closed. 'DRAFT* City Commission Meeting November 3, 2014 Minutes Page 1 WASTE WATER PRESENTATION - City Manager Shrives invited City Engineer Shari Jo hnson and DOWUHKM Engineer Kevin Johnson to present an update on the Waste Water Treatment project. The following is the power point presentation that was given : PROJECTOVERVIEW/INFORMATION UPDATE .0. MIl' 2014 . M III~ wu JI!:a:1ec: II P'ef_ .I.'r.ti'r.ativt for 'tll"t IPP<""::lt ic.eJ + "~"'fl.'n 29tf1: • ep,o, Ir."..-r ~ r.t~ItU City of Polson + Slptll'l'. to.! I:)~f!'''~~ll!:9 litt'. ; ~:'lliIl~' "tf¢Ull Wlrt.Wlttr 1l".I'U, III rr:ICJpd Wastewater Treatment Fadltty Project update Nov 3,2014 w.:I'..I.=1 M t.u., C¢rr.:p:.aJ"!t 5e": _t f.>.u u:O:- ..... fiar.:ced ... !~ O!Q,It.C -City C~>:iU P't$tl:l~ itltI..J Ofmt ~'It"-.cI W ltVft.tl! + omr. >l:f!lm'-lI: ;g.". ... &.."tt!l'.n:vt Sym ....l C\Ir'r.t~~ OOWL H I(M EPA MEETING & LETTER FLATHEAD REGIONAL WASTEWATER MEETING C1ty, CSKT, ir.d HlllTfttr,f k-d to i rupor.sf IMtt! lC~'t~ ;'t., tilt ~::ewit,. fo CO!T!f!Ii!!:u ~"for DisirfKtiDn in 21!11 CDII III P'IWiDIt bt odit~d? I'ES our l..~of(M'.t!'.cr)'ff \\M ,\re. iSW.IT~ I"t~t.. fo! tnfl'.p"p i ~flttr.. 3cn Ir..rSf'lt'llvu'Sof r'I~·It'rI. 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Ut\"' 'Ous ch~"u Tht !1 t" jXIIfun of IH TMDL wi bt rrvis"from W'ardl'lv~ rfOW mcCoi':lII tools Ind CUfm',t mnC:t.w * DRAFT* City Commission Meeting November 3, 2014 Minutes Page 2 CURRENTCONDITIONS ALTERNATIVESVSTEMS AtlIft!tt~r/~~!-= 0!\~rLw.1 ~~':'tl'Ar 1I!f~:'!'MfOl\ '1n~ :!tt~;a.6 O!'l n!'1lJt'f! f\'1ttln ~ OIllOW DIM tI'-i1 mayb. D~ .t im A!" ! iI'HI' jo.a1 **118 ~U.rM M 19 Pm;)!!; for )M1 (ott til "" Jpr9!!ljmrrtr!JlrMI"t OfoeMl F..to(ofII/&l tt~r tr.! mrta~ ~ ~.J:i:::'1:. J;¢ '!'1'.ItY, tyrn1!l ~1!1i dli~~'~ ~t~.;.oJY r!¥'-I""'¥. wo: tM Qr;'A 11 I ~-o v. synt!T. lbSOM "1ft!ml3!u u'il~t:!;!tJrMl p:i!ilC'Ji'J"" • ~ft'l~w:;..d flH:! toM rv.Dt.f,a:C"Kl I'" ~ • C~~ " ':f~ fo:'.IM.' por.d t"!!tmtrt ~:;l("< 2014 H R.... a.'l:m -: tht &:o:ac f~rumopt~ GtXd 1..tal~rt Nirn ad'-:;:;rbli, but a"" t I'o'JH .im.'itlt~ t;)'C".e-tr oQ. LJ:~.i ttA1 COMPlIANCE • LlfOOt.I r,JdwJ,. o L't of ClX"p::u.t:t ~ Ht.1:I-y 21)14 • ~;OW~5 tre=; !C~ s 41h'.t1 T5S"' U:IT..!S 9 MAlN[ NTANCf U!lt'Or. rrmmk.!! J~ r~nq J:'.:1I '!:.~ arM p!tIViIl.! r."Pi'f Jjt&./T~ir:.; EffCo1I I ~~f~lytOf:r.J ti'A f:r.flIJlC!Ud'.o: • ";ptt It.i~ s.pi"lltl ujoit:ti if ~tf'It1*5 l*l! CC(ll~ • Opi'1ti:1:$m..vfD..1~~fyfWII • C/'..I3t'I':t:t -tU:tt!rt1!~ • L~W ioqtvltf of&lotd eft,.". Po:S,Jn WI;-...'·w~L!·r • WACo. • 5vn!1'Clwl·! M!-+"!l:ml::'~'.wt.¢p!T~ tft "' hylIrJ*a~itr • &1.1, ),-,¢~Il'ic: CipK.fy CWlOt bfo fI..~ t1"'!::.o "'"i!t'.at'Of.i a-.c't bt:t4 'Ii::IIm:m . . . W"tto.1 ,..................... jrO;.tl' JL1If.M w.;:!!!tM.!S il(OO/lI c.'IIQll-'r.I ni'T:Jt~u p.~-f b!tttf t'lUfl' ttl WHAT DOES IT All MEAN ? WHAT DOES IT All MEAN ? CITY ENGINEER'SPERSPECTIIIE OlY ENGINEER'S PERSPECTIVE .. EM ~ Jndlttttr • Anopte ulopt \'I'i! IcI'.itvtd, but co ntW *" Wt't ,,?:r.+1i .El1iMrs~ Timt a td"al fot moviq f«ward w:tiI up(rJ!0:rt tI:t Wlst!\,ittl''f\'utrttn P'U.t *''t lOa;a:itr, l!tttilmitioll, l!:d CCII'liI!lCt ~ ~wtions: DfQ U and TMOl • n-,.ft."II:.... ST"j'!I~ of f'tllhWns U.ItUCf.rn:tl mID thy .....:a IfWfJlllS oIOf ojrxult, M!~ j nJltht ben te'hl'~ Ii) rr.ett?oJ0II1 ,au n.Wl't miqfi.<y Gf RgltltoG! is .tS!ct'lIJl, tilt S~ o¢«I wl!lollt fznen codcf be ~~'!d. .. AtfrNM and ottM Ttutmtnt ~ 'IU, thtyl!'tOL'1: tt.e.,., Ix:t ~ iN for sfT<a:f! l)'mmf.cws. !~" mcr.il on tl"tf'l wcwlbt It tisk Ua tl"..ey J~ rot 'I\'!- P"OVtn for ''llf rr.U<:l!i1 Svttn'.l. G'n~Hzrt ~ L'«Jy! I tKlOI'l!'ld tilt Ttt- HR ' ":"fl:"y Jt';."i"!!~ ~ DeQ l'X~fjJ('O.':v,"rion ted'.r:t: Cl~ • S.~I.ndM!RI't . tt.i'be!lv'lb-etKh:oq~: f:' k':::n ~ ClIrffllt COnditions Wtlrtopmu", c;ntm'OWtd tlr.• • C\ir:r1ont It fti'tlU't vio."t~ns fI'IlVlfil;tO l:eu.t .l fu! Clp'tll to.<l MtKJIi o&M ~Itt tlItr.;Ilo:so!I SI4.& lit 1:00 S16..5 MiI!IDn Sl4O,OOO Si!l0,()OD ltlSS14.!&I~ lm~~!!2. ~.5 "., CT1t~~ l~of lOOI * DRAFT* City Commission Meeting November 3, 2014 Minutes SlU hU'lCfI \llO," " Page 3 __ _- . . . .,_......... .-.-.... - . ~- -- ,...\OO .·, .....u,,,·_·,, -..- ". ~ It ,.. " .... ~,-,. I · ,, · .. " :.: \........... ,.,...,....... 10.....-' .. ¢'<." O!" "' ~ ' " .·.·~ ..'c~ •..:.· " ;0 .. ' :.t""""-10 ~"'1 " ... " "' "' " "'-: .. J,oI~ " , .: """ ::: l:: III ~ :1:) " " "' n • ., ..." - .~, "' It · ..: ."." · .• ,, <..a .. =...~""'... 4fl ..." .... OOWL HK M OOWL HK M Project Schedule (Short Term) Project Schedule (Short Term) • Equipment Procurement • OWekip R~ P for ~ 1'tIXsIrt'-I'Mftt -lI!1 - M~ IOU • .I:twart, 5cfan1 &nil em Ii.tn:OIIlI SyS~ms • MMnb!In. SMtaOr MJnuflCl\irer/ synea • ~'V"'Qpl:iIMtc SCheCIIISe • Empty Exlstlng lagoon Cell '1 - Ju~ '14 - Mar 'IS • Dl1I i n C~n1- l n Process • EquilJllerl &Sl llll~ ReTlO'oI!Il- F~b- March '15 • Comp l e:~ Additiona16e««hnlCal lrweq-MICtI- Aprtl 15 ... ... OOWL HKM OOWL HKM Project Schedule (long Term) • Init iate Design wwrp; April 2015 • Manuf. SubmJtta1$-Aprit · Mav 2015 • Preliminary Oeslgn • Preliminary Ofer.\line Oevelopnent-June -Oct '15 l,lt./ttYI, ~11 Project Schedule (long Term) " 8IdWWTP • AclvtrtlSlfot !lds· junl '16 • .t.wlrd/ContrlCll-Jul ¥ '16 • Construc:tWWTP- 18 months (min) • N<!tklto procud - G.,..... ConulCtt.r-Aul/Sipt 1016 • ~tlu teo F'torud-"hbrlcltlcn !t Dtlvwv~EqulP'""'~ • CNnplldcn~Carutruc:tion- Jlln 2C118 ~ Full ~rnpn ance - April 2C1! M«1\IrotIl. ccnc:tpt .:.rctt~ • Final Design • Nov '15- MI!Jr '16 .. 5lnlCt1n\.luI:.u.c M9d\1nat. f«trul,. I~t,)ft t COI'!'t.'OI • Regulatory ReView ... • April -MaV1.6 DOWL HKM • Complillnce Schedule-July 2011 • GomplttlCfl 01 Corutn.ctlOl'ltlN Srull'lll- J.II.!:U.lQ!1 • ~pll lltlClwitt Fila! Ftrmlt Lmh- lI!!.l.l2li ... OOWL HKM * DRAFT* City Commission Meeting November 3, 2014 Minutes Page 4 DISCUSSION/ QUESTIONS .. OOWL HKM City Manager Shrives reminded Commission that something needs to be started with this project. Mayor Knutson thanked Shari and Kevin for all of their work and for the valuable presentation. During the time when the project was first presented to present, there has been a meeting with the EPA(Environmental Protection Agency) and a clearer expectation about what is needed. Mayor Knutson explained that with the information that was given this evening, there needs to be time to absorb it all. City Manager Shrives commented that there needs to be some decision made that gives a definite direction. The presentation will be emailed to the Commission for their' review and posted to the City website. Mayor Knutson commented that there will be a decision given during the November 17th Commission meeting. THE APPOINTMENT OF MS. LISA KINYON, CITIZEN AT LARGE TO THE POLSON REDEVELOPMENT AGENCY·1 YEAR TERM, TO FULFILL A VACANCY DUE TO A VOLUNTEER RESIGNATION-This agenda item was presented by PRA President Ken Avison. The PRA is pleased to have the opportunity to put forth Lisa Kinyon as a new member of the PRA. Mr. Avison has had the opportunity to serve on several boards with Lisa. Lisa has a business downtown within the TIF District. Mayor Knutson clarified there were two applications for the position. The PRA recommendation is Lisa Kinyon. Commissioner Southerland motion to approve the appointment of Ms. Lisa Kinyon to the Polson Redevelopment Agency. Commission Morrison second. Commission Discussion : none Public Comment: none. VOTE: Unanimous Motion carried APPROVE CONTRACT WITH McCRUMB CONSTRUCTION FOR NEW LIGHTS ON WALKING PATH IN SACAJAWEA PARK.City Manager Mark Shrives presented this agenda item. The City recently completed the City Dock and Pier Path project. There was funding available and there was a discussion about possibly putting lights along the path in Sacajawea Park and fin ishing up in Riverside. There is a section of three (3) lights that were not part of the original project. The area is in front of the Salish Building which was not part of the City's project that could be funded with the TIF dollars. BenErika LLC is going to donate the funds to finish the three lights in front of their building. They are donating $10,600.00 and then there are other Park donations that will be used to put the lights in place. This is being done as a separate part of this project. It was not part of the TIF project. This contract is for those three lights. The rest of the lights were done as a Change Order. This is an add on contract that needs Commission approval. Commissioner Erickson asked if it would be the same lights. City Manager Shrives answered it will be the same lights it'sjllst that these lights will be installed with donated money. Commissioner Campbell commented that this is a good idea . Mayor Knutson asked for a motion to approve. Commissioner Campbell motion to approve the contract with McCrumb * DRAFT* City Commission Meeting November 3, 2014 Minutes Page 5 Construction for new lights on the walking path in Sacajawea Park. Commissioner Erickson second. Commission Discussion: none Public Comment: none. VOTE: Unanimous Motion carried DISCUSS GOLF COURSE RESTAURANT LIQUOR LICENSE-City Manager Mark Shrives commented that this item was going to be discussed during the recent workshop. Golf Director Roger Wallace, Golf Board President Dave Cottington, and Golf Maintenance Superintendent Pat Nowlen have been invited to address the Commission about this item. It is not as time sensitive as the Waste Water project but it is a time sensitive matter. City Attorney Rich Gebhardt has also been asked to address this matter and get the discussion started. City Manager Shrives commented that he would be asking for a decision during the November 17'" City Commission meeting. Rich Gebhardt, "Madame Mayor I think you are aware that we've had a couple of lawsuits over the past, over the management of the operation of the All Beverage license. The way that we're attempting to manage it, and we've attempted in the past to manage it, was by not having an employee manager of the All Beverage license. Our Golf Pro was on contract for the management of it. Previously it was a I ittle bit Iike that but it was more toward the end that the Department of Revenue, Liquor Control Division would not approve it. So, based upon my conversations with the person from the Department of Revenue this spring, they were willing to go ahead and let us have no actual employee of the City manage the operation through the summer. What we're looking at is I got a question from this person that said, "why do you have an All Beverage liquor license in the first place?" I couldn't answer that question because I wasn't around when it was purchased. I think it has something to do with the fact that there would have been gambling associated with it at that time. We can accomplish the same thing out at the golf course and allow ing for alcoholic beverages with a Wine/Beer license. We don't have to have the same management criteria it doesn't have to be managed like the All Beverage license. The cost is nominal to us because we have the right to have it as a municipality running our own golf course. So, I guess, whether it is surplus property to you is your question to be answered, and then what you do ·with it when you declare it surplus property and can we continue to operate the golf course and provide alcohol beverages to the restaurant and to the premises without having an All Beverage. My recommendation is that you move away from competition from downtown with All Beverage licenses and you provide service to the people that patronize you golf course and you see if you can recoup some of your investment by selling." City Manager Shrives, "I will ask Roger and Dave and Pat, to speak." Roger Wallace, "I feel like we've been here before maybe. I'm just going to give a little history and what's been discussed with the Golf Board. What my recommendation would be. First of all, last time I was here and we talked about this there was some confusion both here with where the funds came from. Let's be clear, everything that we're talking about tonight is Golf Fund. It has no, no effect at all on General Fund. As a matter of fact, the Golf Fund sends about $30,000.00 a year to the General Fund. So, lets me clear, whatever we talk about, whatever decision you make as a Golf Fund issue and not a General Fund issue. Back in 2004 or 2005 we paid $55,000.00 for that license. At the time there was Gaming. At that time it was a pretty good buy for us to be honest. We did well. Today, with no Gaming and through the research I've done, I was asked by the previous City Manager to make a proposal to purchase it. I had access to all the liquor license sells in Montana over the last five years. So looking at those and talking with bankers up and down the valley, some of whose banks owned licenses at the time, those licenses were wOlth, with no gaming, about $10,000.00 in counties our size. For $12,000.00 it was a little too painful for Council to accept that and I had a hunch that was going to be the case. So, $10-12,000.00 is what that license was wOlth with no gaming, last year. With food and beverage being a part of the new hotel coming in. Food and beverage rumored franchise food and beverage, that license is going to be integral to somebodies business model. In an open bid process who knows, my hunch would be somewhere in between the $12 that we know it was worth last year and the $55,000.00 that we paid for it. That would be my guess. Cun·entlyabout 1/3 of our total alcohol sales are hard alcohol. We do roughly $75,000.00 in alcohol sales. The two years that the I have operated that license and I know what the deposits have been and from last year to this year it has been either $23,500.00 or $25,000.00 in the hard alcohol sales. So, almost exactly it's 32.6% has been the hard alcohol sales. Clearly there will be an effect on gross sales. I doubt it will be as large as 'DRAFT' City Commission Meeting November 3, 2014 Minutes Page 6 that, $25,000.00. It might be $10,000.00 issue but there probably will be some loss in gross sales. My experience is when we operated under Beer/Wine license prior, 2000 and before, that when you tell somebody we don't have a gin and tonic, they want to know what kind of beer you have. So, some will decide not to but most will decide to have a beer or a glass of wine. During the life of that license, I don't have the numbers in front of me, but it wou ld be safe to say it has cost the Golf Fund in excess of $100,000.00 whether it has been actual losses for the restaurant or moving from vendor to vendor to vendor. Anybody with food and beverage experience, going from vendor to vendor, one vendor leaves, the next vendor comes in and says the guy before was an idiot. I need this, this, this, and th is. We're buying equ ipment and the lessor. At any rate, it has cost us more money than we can afford long term to continue to lose to accomplish our capital needs as well. The All Beverage license is very restrictive and some of the homework that we didn't do when we purchased it, you cannot sublet an All Beverage license. You can a Beer/wine. So, in our experience trying to get contracts, essentially through the Depmtment of Revenue, they will let us structure a contract that gave the leassee about 50% of those liquor sales that's essentially that person is flushing 25% of their gross sales down the toilet but they're still expected to incur 100% of the operational cost. So, Dan you would know what that might look like in your business. It's not a rosy picture. So, the benefit, if you did decide to sell is you can sublet it. It gets you out of the payroll liability. It gets you out of the liquor liability. If we choose to go down the road with an All Beverage license, the City of Polson is always, always, always in the food and beverage business. No choice. You are in it. Also, it is kind of, I've been in retail all my life. One of the important rules in retail is that, and I think I've covered this before, identify your buying mistakes. Everybody make buying mistakes. We made a buying mistake. Identify your buying mistakes, get out from under them, and turn that capital into something that makes you money instead of continuing to lose you money. We are continuing to lose money with this license at a much less extent today than we did three, four, five, six, seven years ago but none the less it's upside down annually. So my recommendation, personally, is to sell it and know that when you do sell it you cannot tie a location to sales contract. You cannot require that it stays at the golf course. You can't, like in my proposal I said, "Look I will buy it for $12,000.00 if I'm done in ten years, I'll sell it back to you for $ 12,000.00." That can't be part of a contract. I guess for me it is a little bit of short term pain possibly versus the long term gain. Even if there is some short term pain, there's a multitude of things we could do with $20-30,000.00 that that liquor license would generate. I'm sure Pat would be able to speak a little bit better to that than I would be so. So at any rate, clearly you are not going to make a decision tonight. Time is a little bit of essence in that we have a business model to consider for next year. If you decide to sell it, we have to liquidate inventory, and possibly go out and see if somebody wants to adveltise for a leasee or something like that and we get going probably April. It is a time consuming process to go through that. The sooner the better the decision is made for us." Commissioner Campbell, "How do you put something like that up for sale?" Roger Wallace, "We advertise for bid. We purchased it in a bid process. I'm assuming we would put it out for bid again." City Manager Shrives, "We'd put it out for bid potentially set a minimum acceptable price and then we do sealed bids. I haven't thought threw all that process but as I was thinking the best way to do it would be bids. We'd set a minimum price that we'd be willing to accept and then take sealed bids kind of like we do contracts." Commissioner Campbell, "How long did you get to run that with gambling?" Roger Wallace, "We ran that business under gambling for eight years, nine seasons, no six years." Commiss ioner Campbell, "Probably got their money back out of it too." Roger Wallace, We didn't. People in generality, people that gamble typically don't want to be seen gambling. So, that upstairs room was light, it was well lite. People would stick their 25 cents or 75 cents change they got from their cheeseburger in the machine. Every now and then somebody would tip us over for a couple of grand and just ruin the summer. We were on a profit sharing deal with the City and it was 50/50. I think the most we ever made from a gaming standpoint was $250-300.00. It was a non-issue from a revenue standpoint." City Manager Shrives, 'Last time we talked, it kind of came back that it was unclear where the Golf Board stood, so I've asked the Golf Board to weigh in." David Cottington, ''The Golf Board has discussed this probably, I don't know, half a dozen times at various meetings with Roger. We have never really made a formal recommendation. I think I can confidently say that our recommendation *DRAFT* City Commission Meeting November 3, 2014 Minutes Page 7 would be to sell it. We're going to hear some grumbling, or somebody is going to hear it, probably Roger. The few people that want a hard drink but like he said they will just buy a beer and that will be the end of it for the first couple of months of the golf season. We've talked about everything that Roger has explained to us in the same way. We had a discussion around this time last year. We said we should sell it. We had a discussion about it being an asset and I asked Roger this morning about what the percentage of hard liquor sales was and it was more than I thought it would be, but if half of that comes back in beer sales then it's probably no big deal. We are aware of all of the points that Roger made and that would be our recommendation ." Commissioner Campbell, "Is it possible that we sell this, take that money to put toward the new cart shed?" City Manager Shrives, "That would be something that I would let Roger and Pat figure out. I suppose it could be used toward a lot of things. Before Pat says anything, it's kind of interesting, I talked to Cameron today. I stopped by the Pro Shop and was talking to him for a little bit. I said so you gotten any big push back on the fact that there is not refunds for the golf passes this next year? He said initially there was a couple of people but then when they talked about the fact that there had been $8-10,000.00 in refunds last year and that $8-10,000.00 and I think there's a misunderstanding as to where that money goes. Well , that money goes to potentially to buy another mower. It goes to maintenance, so when Cameron explained that he said that everybody went, "Oh. Okay. I understand now." So, we made that change, there hasn't been a whole lot of push back. So Ijust thought that was interesting. The liquor license maybe is in that same vein, I don't know." Pat Nowlen, "I just need you to know that I do support the sale of the liquor license. I see it as a piece of equipment that we bought, we used for a while, and then it broke down when the gaming left. If we took the opportunity to get rid of it, to get out from underneath it, we can operate the restaurant the way that we need to, we have the ability to get a portion of that money back and spend it on probably maintenance. Get out from maintaining this piece of equipment that's been broken for a long time." City Manager Shrives, "We're here for discussion, questions." Rich Gebhardt, "One thing. What you would do is make a motion to declare it surplus property and instruct the staff to go ahead and sell it. They would place the lowest acceptable bid and then you can determine how the sale will be conducted. You don't necessarily have to do it sealed. You could do it open if you thought you could get more money that way. That would be the Manager's determination." Mayor Knutson, "We are not the only municipal golf course out there. Are we the only ones that have this issue or do we know of any others and how they're working? Are they just flying under the radar? How are they managing this whole thing?" Roger Wallace, ''There's really only, in western Montana, there's really only two other truly municipally owned and operated golf courses, Bill Roberts in Helena and I can't remember the name of the golf course in Great Falls. Both of them operate under Municipal BeerlWine license . I believe we're the only municipality in Montana to have all All Beverage license." Rick LaPiana, "I'm going to give you a little bit of history about the liquor license. When I was on the Golf Board that was one of the things that Roger brought up, and I was on the Golf Board 2006 and 2007, was to get rid of the liquor license because of the problems of operating that bar with outside help and to keep the inventory safe. If the liquor room is still in the same spot downstairs, it's an accident waiting to happen . Why it hasn't happened I can't tell you . We wanted to in 2006 and 2007 to sell it. Roger was right, the City Council looked at $50,000.00 and said, "Oh my God we can't take the hit". Well, we've taken the hit. You gotta get rid of it. I've told Mark already I know of two people that are ready to bid on it, that want to use it locally." Mayor Knutson, "Well we certainly have a unified front from the Golf Course. I've heard, I guess, informally from people that there's going to be some flare ups of course if this does go through. My inclination, I wanted to hear from all of you to get your perspectives as the leaders out there. I wanted to have the pulse on our golfers, our customers. I think that we want to make sure that we are providing a good service but we also have to make sure that we are doing things legally and within the right perimeters as well. So, I appreciate all of the perspectives that were shared tonight. There is definitely talk and it may be a short term pain. I would fully expect that." Roger Wallace, "When you consider what effect on the corporate groups or outside groups that come to us, we really are just replacing revenue from that day. Make no mistake that it's a good day for us, but a Saturday, end of August or July I" to the first week of August, we're going to make the same money just being open on regular business day that Saturday as we are hosting that event. *DRAFT* City Commission Meeting November 3, 2014 Minutes Page 8 There is some P.R . to be gained, absolutely. But from a pure business money in, money out standpoint bottom line for that day it really doesn't have an effect." Elsa Duford, "I have go lfed a long time ago so I am not going to arg ue the golf thing, but I wanted to bring to your attention is this article in the Flathead Beacon. It' about Whitefish and it sounds li ke they would be de lighted to get a liquor license for the price you mentioned tonight. It's qu ite a long article and it talks about how much it costs them to buy a liquor license on the open market. These figures are j ust astounding to me. It said in July a beer/w ine license sold in Kalispell for $500,000.00 according to the State Department of Reven ue statistics. The cheapest Cabaret license sold in recent years went for $100,000.00 All Beverage license went for $585,000.00 in Apri l which could be considered a bargain compared to the 2007 price of $950,000.00. I mean this is j ust up the road. I would like you to read this article. It's kind of long but it's about a woman who wanted to try and open a business in Kalispel l." Mayor Knutson, "I saw that article. It's also on line so you could google it." Elsa Duford, "It's the October 151h issue of the Flathead Beacon. That's all I wanted was to bring this a.ticie to your attention. Thank you." PUBLIC COMMENT ON SIGNIFICANT MATTERS TO THE PUBLIC NOT ON THE AGENDA-there was no public comment given. Mayor Knutson asked for a motion to adjourn. Commissioner Erickson motioned to adjourn, Commissioner Southerland second. Vote: Unanimous Motion carried ADJOURN 8:38 p.m. Mayor Knutson ATTEST: Cora E. Pritt, City Clerk ·DRAFT· City Commission Meeting November 3, 2014 Minutes Page 9 Cla~ 17:05:33 For doc 'S from 119064 Details by Fund. Account Report ID: APIOOZ For the Accounting Period: 11/14 to 119167 Department Name (Account) Fund 1000 General All-Purpose Fund 214550 Deposits Payable 1000 General All-Purpose Fund 410360 Municipal Court vendor '/N8JI1e 999999 POLSON SCHOOL DISTRICT Description FACILITIES- CLEAN DEP 100 . 00 3429 A. DOUG OLSON COURT-CITY JUDGE CON 1,584.00 1000 General All -Purpose Fund 410360 Municipal Court 2379 RELIABLE OFFICE SUPPLY COURT-OFFICE SUPPLIE 25.10 1000 General All - Purpose Fund 410360 Municipal Court 4605 THIRD EYE TECHNOLOGIES COURT-WORK ON JUDGE 18.75 1000 General All -Purpose Fund 410360 1925 VALLEY BUSINESS SYTEMS COURT-2030 CLN/TEST 17.50 1000 General All -Purpose Fund 410360 Municipal Court 2074 VERIZON WIRELESS COURT-JOAN HART ANnR 40.01 1000 General All-Purpose Fund 410360 Municipal Court 3429 A. DOUG OLSON COURT-DO TRAVEL MEAL 92.00 1000 General All-Purpose Fund 410360 Municipal Court 3997 JOAN HART COURT-JH TRAVEL MEAL 69.00 1000 General All-Purpose Fund 410400 Administrative Services 2074 VERIZON WIRELESS FACILITIES -C .M. CELL 34.73 1000 General All-Purpose Fund 410400 Administrative Services f7 4 3 WEX BANK FACILITIES-C.M. FUEL 113.71 1000 General All-Purpose Fund 411100 Legal Services 4920 M RICHARD GEBHARDT FACILITIES - CITY ATTY 2,000.00 1000 General All-Purpose Fund 411100 Legal Services 4950 McKEON & MORIG&AU LAW FACILITIES-CITY ATTY 2 ,000. 00 1000 General All-Purpose Fund 411200 Facilities (Shared Costs) 1780 BLACK MOUNTAIN SOFTWARE. FACILITIES-PAYRLL MN 2,373 .00 Munici~ Court 1000 General All-Purpose Fund 411200 Facilities (Shared Costs) 000080 FLATHEAD NEWSPAPER GROUP FACILITIES-PER C.M. 1000 General All -Purpose Fund 411200 Facilities (Shared Costs) 2379 RELIABLE OFFICE SUPPLY FACILITY-OFFICE SUPP 411200 Facilities (Shared Costs) 000044 REPUBLIC SERVICES 1889 FACILITIES-WASTE DIS 54 .0 2 411200 Facilities (Shared Costs) 000185 SUPER 1 FOODS FACILITIES-CLEANING 14.35 1000 General All - Purpose Fund 411200 Facilities (Shared Costs) 4605 THIRD EYE TECHNOLOGIES FACILITIES-INSTALL N 18.75 1000 General All -Purpose Fund 411200 Facilities (Shared Costs) 4605 THIRD EYE TECHNOLOGIES FACILITIES-WORK ON C 187.50 1000 General All - Purpose Fund 411200 Facilities (Shared Costs) 1925 VALLEY BUSINESS SYTEMS FACILITIES-3530 CLN/ 36.00 1000 General All-Purpose Fund 411200 Facilities (Shared Coats) 1925 VALLEY BUSINESS SYTEMS FACILITIES-3232 CLN/ 252.00 1000 General All - Purpose Fund '11200 Facilities {Shared Costs} 3211 POLSON CHAMBER OF FACILITIES-' BANQUET 200.00 1000 General All-Purpose Fund '1IJOO Facilitie. (Shared Costa) '605 THIRD EYE TECHNOLOGIES FACILITIES - REPAIR CI 75.00 1000 General All-Purpose Fund 420140 Crime Control and POLICE -STORAGE 01/01 151.00 1000 General All-Purpose Fund 420140 Crime Control and POLICE-VEH WASH 10/0 43.01 1000 General All-Purpose Fund 420140 Crime Control and 000080 FLATHEAD NEWSPAPER GROUP POLICE - BIKE AUCTION 10.00 1000 General All-Purpose Fund 4J0140 Crime Control and 2379 RELIABLE OFFICE SUPPLY POLICE-DETECTIVE 6X9 13.99 1000 General All-Purpose Fund 420140 Crime Control and 2379 RELIABLE OFFICE SUPPLY POLICE-OFFICE SUPPLI 11.11 1000 General All-Purpose Fund 4201'0 Crime Control and 2379 RELIABLE OFFICE SUPPLY POLlCE-DET£CTrvE 1 C 29.99 1000 General All-Purpose Fund 420140 Crime Control and 2379 RELIABLE OFFICE SUPPLY POLICE-DVD 100 PK R- 74.97 1000 General All-Purpose Fund 420140 Crime Control and 2379 RELIABLE OFFICE SUPPLY POLICE-CDR 52X 100 P 59.97 1000 General All-Purpose Fund 4201'0 Crime Control and 2379 RELIABLE OFFICE SUPPLY POLICE-SHIP/HNDL 1000 General All-Purpose Fund 4201'0 Crime Control and 2379 RELIABLE OFFICE SUPPLY POLICE-ORDER DISCOUN 1000 General All-Purpose Fund 4201'0 Crime Control and 1000 General All-Purpose Fund 420140 Crime Control and 1000 General All-Purpose Fund 1000 General All-Purpose Fund 1000 General ~l-Purpose Fund 1000 General All - Purpose Fund 000877 JOHNCO STORAGE 3614 THE CAR WASH/GROGAN'S 000185 SUPER 1 FOODS 64.00 109.96 1.48 -20.00 POLICE-K-9 SUPPLIES 30.99 1925 VALLEY BUSINESS SYTEMS POLICE-2030 CLN/TEST 17.50 4201'0 Crime Control and 2074 VERIZON WIRELESS POLICE-COTTLE/SCOTT 420140 Crime Control and 2074 VERIZON WIRELESS POLICE-I PHONES 1000 General All-Purpose Fund 420140 Crime Control and 47 4 3 WEX BANK POLICE-FUEL 10/01-31 1000 General All-Purpose Fund 420'00 Fire Protection and 2234 ACE HARDWARE/ TREMPER'S FIRE-MISC PURCHASE 65.96 1000 General All-Purpose Fund 420400 Fire Protection and 2234 ACE HARDWARE/ TREMPER'S FIRE-CO DETECOR 2AA, 43.98 1000 General All-Purpose Fund 420400 Fire Protection and 2234 ACE HARDWARE/ TREMPER'S FIRE-VARIETY PRODUCT 69.96 1000 General All-Purpose Fund 420'00 Fire Protection and 2234 ACE HARDWARE/ TREMPER'S FIRE-WIRE, KNIFE SNA 5.74 1000 General All-Purpose Fund '20400 Fire Protection and FIRE-SAFETY OFFICERS 16.22 1000 General All-Purpose Fund 420'00 Fire Protection and 2074 VERIZON WIRELESS FIRE-CELL PHONE SERV 50.91 1000 General All-Purpose Fund 420'00 Fire Protection and 4743 WEX BANK FIRE-FUEL 10/01-31/1 406 . 95 1000 General All-Purpose Fund 420'00 Fire Protection and 000017 TOTAL SCREEN DESIGN FIRE-SHIRTS FOR GLAS 48.98 1000 General All-Purpose Fund 420'00 Fire Protection and 000011 MISSION VALLEY POWER FIRE-FIRE SIREN 705 1000 General All-Purpose Fund 420400 Fire Protection and 3616 PHYSIO-CONTROL INC 1000 General All-Purpose Fund 420540 Land Use 1000 General All-Purpose Fund 420540 Land Use 1000 General All-Purpose Fund 430240 Road and Street 1000 General All-Purpose Fund 430240 Road and Street 000185 SUPER 1 FOODS 4835 SANDS SURVEYING, INC 112.48 155 . 73 3,555.02 11.00 FIRE-KIT REPLACEMENT 111.50 PLANNING-CONTRCT PLA 4,207 . 90 PLANNING-BOA ADVERTI 10.80 2074 VERIZON WIRELESS STREETS-CELL PHONE S 126.49 1883 MONTANA DEPARTMENT OF STREETS-JOHN HART LI 25 . 00 000080 FLATHEAD NEWSPAPER GROUP Claim Details by Fund, Account 17:05:33 For doc '8 Report ID: AP100Z For the Accounting Period: 11 /14 from 119064 to 119167 Fund Department Name (Account) Vendor ./Name Description 1000 General All-Purpose Fund 4 60430 Parks 4311 JIM SUMMERS PARKS-NEW STAIRS 1000 General All-Purpose Fund 460430 Parks 2234 ACE HARDWAREI TREMPER'S PARKS-ELEC TAPE 1000 General All-Purpose Fund 460430 Parks 1000 General All-Purpose Fund 460430 Parks 2074 VERIZON WIRELESS PARKS-CELL PHONE SER 98.95 1000 General All-Purpose Fund 460430 Parks 4743 WEX BANK PARKS -FUEL 10101-31/ 383.24 1000 General All-Purpose Fund 460430 Parks 000011 MISSION VALLEY POWER PARKS - WALKING PATH L 28.33 1000 General All-Purpose Fund 460430 Parks 000011 MISSION VALLEY POWER PARKS-J CAMPBELL PAR 11.00 000044 REPUBLIC SERVICES '889 PARKS-~TE DISPOSAL Total for Fund: 2020 Police Municipal Services 420140 Crime Control and 2210 Parks/Salish Point 460430 Parks 2074 VERIZON WIRELESS 3902 VALLEY JOURNAL LLP 2390 Drug Forfeiture Fund 470110 Administration 420140 Crime Control and 2394 Building Code Enforcement 420500 Protective Inspections 2395 Tree !"Und 2402 Light Maintenance 480150 Tree Conservation 430263 Street Lighting 000080 FLATHEAD NEWSPAPER GROUP 314 2 ALAN BOOTH 4743 WEX BANK 000011 MISSION VALLEY POWER 000011 MISSION VALLEY POWER 5 . 77 56.09 20,994.39 POLlCE-AIRCARDS/NOTE 534.83 Total for Fundt 534.83 PARKS-ADVERTISEMENT Total for 2310 Tax Increment District 1,483 . 00 Fund~ 300.00 300.00 PRA-AGENCY VACANCY A 19.80 Total for Fund; 19.80 POLICE-AB TRAVEL MEA 115.00 Total for Fund: 115.00 BUILDING-FUEL 10/01- 66.00 Total for Fund: 66.00 PARKS-SPORTS COMPLEX 18.59 Total for Fund: 18.59 FACILITIES-N END MAl 223.84 Total for Fund: 223.84 2820 Gas Apportionment Tax 430240 Road and Street 4559 TOOLS PLUS INDUSTRIES STREETS-SIGN HEN WOR 182.16 2820 Gas Apportionment Tax 430240 Road and Street 2234 ACE HARDWARE/ TREMPER'S STREETS-STRIPPING PA 67.92 2820 Gas Apportionment Tax 430240 Road and Street 2234 ACE HARDWAREI TREMPER'S STREETS-FASTENERS 0.74 2820 Gas Apportionment Tax 430240 Road and Street 2234 ACE HARDWARE/ TREMPER'S STREETS-WASHER FLAT 1.38 2820 Gas Apportionment Tax 430240 Road and Street 2234 ACE HARDWARE/ TREMPER'S STREETS-PRODUCT RETU -1.38 2820 Gas Apportionment Tax 430240 Road and Street 2234 ACE HARDWARE/ TREMPER'S STREETS-PRUNING SEAL 16.98 2820 Gas Apportionment Tax 430240 Road and Street 4743 WEX BANK STREETS-FUEL 10/01-3 834.24 2820 Gas Apportionment Tax 430240 Road and Street 999999 JACK'S SPA REPAIR STREETS-FITTING FOR 2820 Gas Apportionment Tax 430240 Road and Street 000543 NORCO INC STREETS-CARBON ARGON 2820 Gas Apportionment Tax 430240 Road and Street 4875 THE SHERWIN WILLIAMS CO STREETS-PAINT 2820 Gas Apportionment Tax 430240 Road and Street 3880 WE DUST CONTROL & STREETS-DE-ICER 2820 Gas Apportionment Tax 4 30240 Road and Street 4355 TITAN MACHINERY STREETS-HEADLAMP 10.00 148.60 137.60 5,618 . 95 410.00 17:05:33 Claim Details by Fund, Account Report ID: API00Z For the Accounting Period: 11/14 For doc •• from 119064 to 119167 Department Name (Account) Vendor '/Name Description Total for Fund: 7,427.19 4530 TIFD City Dock & Walkpath 214600 Retainage Payable 4786 McCRUMB CONSTRUCTION, FACILITIES-RETAINAGE -272.82 4530 TIFD City Dock & Walkpath 470120 Construction 4786 McCRUMB CONSTRUCTION, FACILITIES - RIVERSIDE 5,456.40 4530 TIFD City Dock & Walkpath 470120 Construction 4786 McCRUMB CONSTRUCTION, FACILITIES - 1% CGR 4530 TIFD City Dock & Walkpath 470120 Construction 4425 DEPARTMENT OF REVENUE FACILITI£S - l% CGR Me -51.84 51. 84 5,183.58 Total for Fund: 5010 Golf Fund 460446 Golf Course 000048 MIDLAND IMPLEMENT CO. GOLF MAINT-TORO METE 5010 Golf Fund 460446 Golf Course 000048 MIDLAND IMPLEMENT CO. GOLF MAINT-WARRANTY -95 . 31 5010 Golf Fund 460446 Golf Course - 000048 MIDLAND IMPLEMENT CO. GOLF MAINT-SUCTION H 182.56 5010 Golf Fund 460446 Golf Course 2134 ACE 5010 Golf Fund 460446 Golf Course 2234 ACE HARDWARE/ TREMPER ' S 5010 Golf Fund 460446 Golf Course 5010 Golf Fund 460446 Gol f Course - 5010 Golf Fund 460446 Golf Course - 001145 MISSOULA TEXTILE SERVICES GOLF MAXNT-LAUNDRY 5010 Golf Fund 460446 Golf Course 0011'5 MISSOULA TEXTILE SERVICES GOLF HAINT-LAUNDRY 24.57 5010 Golf Fund 460446 Golf Course 001145 MISSOULA TEXTILE SERVICES GOLF MAINT-LAUNDRY 11.66 ~ARE/ TREMPER'S 000044 REPUBLIC SERVICES '889 4825 IDS, :rOC 76.31 GOLF MAINT-ANlT FREE 53.82 GOLF 14.64 MAINT-~NDSHIEL GOLF MAINT-WASTE DIS 40.62 GOLF MAINT-COND DISC 108.76 11.66 5010 Golf Fund 460446 Golf Course 001145 MISSOULA TEXTILE SERVICES GOLF MAINT-LAUNDRY 13.03 5010 Golf Fund 460446 Golf Course 0011'5 MISSOULA TEXTILE SERVICES GOLF MAINT-LAUNDRY 11.66 5010 Golf Fund 460446 Golf Course 000644 CITY OF POLSON WATER GOLF MAINT-COURSE RE 5010 Golf Fund 460446 Golf Course 00064' CITY OF POLSON WATER GOLF RE 256.62 5010 Golf Fund 460446 Golf Course 000644 CITY OF POLSON WATER GOLF MAINT- COURSE RE -239.69 5010 Golf Fund 460446 Golf Course 1864 CHS/MOUNTAIN WEST GOLF MAINT-FUEL 5010 Golf Fund 460446 Golf Course 1864 CHS/MOUNTAIN WEST GOLF MAINT-FUEL 5010 Golf Fund 460447 Golf Course Pro Shop 5010 Golf Fund 460447 Golf Course 5010 Golf Fund 460447 Golf Course 5010 Golf Fund 5010 Golf Fund 5010 Golf Fund 460447 Golf Course - Pro Shop 5010 Golf Fund 460447 Golf Course - Pro Shop 000010 CENTURYLINK GOLF PRO-TELEPHONE S 22.95 5010 Golf Fund 460447 Golf Course - Pro Shop 000011 MISSION VALLEY POWER GOLF PRO-DOWNSTAIRS 74.01 5010 Golf Fund 460447 Golf Course Pro Shop 000316 WALLACES GOLF SHOP GOLF PRO-CITY CC SRA 879.'6 5010 Golf Fund 460447 Golf Course Pro Shop 000316 WALLACES GOLF SHOP GOLF PRO-CITY CC SHA 724.01 5010 Golf Fund 460448 Golf Course Carts 5010 Golf Fund 460450 Golf Course Restaurant 5010 Golf Fund 5010 Golf Fund MAn~-COURSE 96.43 930.61 284.60 000076 LINK'S MANAGEMENT, INC. GOLF PRO-PRO CONTRCT Pro Shop 000644 CITY OF POLSON WATER GOLF PRO-PRO SHOP WA 32.81 Pro Shop 000080 FLATHEAD NEWSPAPER GROUP GOLF PRO-lTD CART ST 59.40 460447 Golf Course Pro Shop 0000'4 REPUBLIC SERVICES 1889 GOLF PRO-WASTE DISPO 109.99 460447 Golf Course Pro Shop 0011'5 MISSOULA TEXTILE SERVICES GOLF PRO-LAUNDRY 3866 OFFI~ CONTRACT INC. GOLF PRO-OFFICE SOPP 1864 CHS/MOUNTAIN WEST GOLF PRO-FUEL 9,748.93 4.00 10'.16 41. 72 000185 SUPER 1 FOODS GOLF REST-FOOD SUPPL 39'.55 460450 Golf Course Restaurant 000185 SUPER 1 FOODS GOLF REST-FOOD SUPPL 103.61 460450 Golf Course Restaurant 000185 SUPER 1 FOODS GOLF REST-FOOD SUPPL 57 . 70 5010 Golf Fund 460450 Golf Course Restaurant 000185 SUPER 1 FOODS GOLF REST-KITCHEN SU 56 . 65 5010 Golf Fund 460450 Golf Course Restaurant 000185 SUPER 1 FOODS GOLF REST-KITCHEN SU -23.98 5010 Golf Fund 460450 Golf Course Restaurant 000185 SUPER 1 FOODS GOLF REST-FOOD PROD -36.44 5010 Golf Fund 460460 G. C. Restaurant 0 & M 5010 Golf Fund 460460 G. C. Restaurant 0 & M 5010 Golf Fund 460460 G. C. Restaurant 0 & M 4664 CHARTER C0MMUN7CATIONS 5010 Golf Fund 460460 G. C. Restaurant 0 & M '484 MONTANA DEPT OF HEALTH 223' ACE HARDWARE/ TREMPER'S GOLF REST-CLEANING P 00064' CITY OF POLSON WATER GOLF REST-WATER & 430530 Source of Supply and 000011 MISSION VALLEY POWER 69 . 78 GOLF REST-INTERNET/C 132.95 GOLF REST-RENEWAL LI 115.00 Total for Fund: 5210 Water Fund 58.93 WATER-715 7TH AVE W 14,512 . 74 127 . 00 17:05:33 Claim Details by Fund, Account Report ID: API00Z For the Accounting Period: 11/14 For doc #s from 119064 to 119167 Fund Department Name (Account) Vendor #/Narne Description 5210 Water FUnd 430540 Purification and 5210 Water FUnd 430550 Transmission and 4793 AUTOZONE , INC WATER-ELECTRONIC CLE 4.74 5210 Water Fund 430550 Transmission and 2234 ACE HARDWARE/ TREMPER'S WATER-PRESSURE GAUGE 23.98 5210 Water Fund 430550 Transmission and 2234 ACE HARDWARE/ TREMPER'S WATER-VARIETY PRODUC 25.96 5210 Water Fund 430550 Transmission and 2234 ACE HARDWARE/ TREMPER'S WATER-PVC ELBOW, GRE 5.48 5210 Water Fund 430550 Transmission and 2234 ACE HARDWARE/ TREMPER'S WATER-CONCRETE PREMI 89.80 5210 Water Fund 430550 Transmission and 2234 ACE HARDWARE/ TREMPER'S WATER-FASTENERS 28.48 5210 Water Fund 430550 Transmission and 2234 ACE HARDWARE/ TREMPER'S WATER-BLOCK GROUNDIN 5210 Water Fund 430550 Transmission and 2234 ACE HARDWARE/ TREMPER'S WATER-AA BATTERIES, 38.98 5210 Water Fund 430550 Tranamission and 2234 ACE HARDWARE/ TREMPER'S WATER-STEEL ANGLE 21.99 5210 Water Fund 430550 Transmission and 2234 ACE HARDWARE/ TREMPER'S WATER-SPRAYPAINT 11.97 5210 Water Fund 430550 Transmission and 2234 ACE HARDWARE/ TREMPER'S WATER-GLASS 57.60 5210 Water Fund 430550 Transmission and 2234 ACE HARDWARE/ TREMPER'S WATER-DRILL BIT, FAS 27.29 5:nO Water Fund 430550 Transmission and 2234 ACE HARDWARE/ TREMPER'S WATER-DRILL BIT 13.99 5210 Water Fund 430550 Transmission and 2234 ACE HARDWARE/ TREMPER'S WATER-FASTENERS 23.66 5210 Water Fund 430550 Transmission and 2234 ACE HARDWARE/ TREMPER'S WATER-FASTENERS 5210 Water Fund 430550 Transmission and 2234 ACE HARDWARE/ TREMPER'S WATER-PAINT, ROLLER, 5210 Water Fund 430550 Transmission and 5210 Water Fund 430550 Transmission and 5210 Water Fund 430550 Transmission and 5210 Water Fund 430550 Transmission and 5210 Water Fund 430570 Customer Accounting and 5210 Water Fund 430570 Customer Accounting and 000101 MONTANA ENVIRONMENTAL 000044 REPUBLIC SERVICES *889 WATER-COLIFORM RAC 96.00 3.99 2.80 64.45 WATER-WASTE DISPOSAL 56.09 WATER-CELL PHONE SER 170.29 4743 WEX BANK WATER-FUEL 10/01-31/ 140.09 2007 UTILITIES UNDERGROUND WATER-UTILITY LOCATE 18.06 WATER-BILLING RESERV 315.00 2074 VERIZON WIRELESS 000005 POSTMASTER 1780 BLACK MOUNTAIN SOFTWARE, WATER-CASS CERT Total for Fund: 50.00 1,417.69 5310 Sewer Fund 430630 Collection and 2234 AC£ HARDWARE/ TREMPER'S SEWER-VARIETY PRODUC 42.98 5310 Sewer Fund 430630 Collection and 2234 ACE HARDWARE/ TREMPER'S SEWER-VLV BALL 11.99 5310 Sewer Fund 430630 Collection and 5310 Sewer Fund 430630 Collection and 000011 MISSION VALLEY POWER 2074 VERIZON WIRELESS SEWER-WEST SHORE 99.76 SEWER-CELL PHONE SER 170.28 5310 Sewer Fund 430630 Collection and SEWER-FUEL 10/01-31/ 1.084.12 5310 Sewer Fund 430630 Collection and 000 101 MONTANA ENVIRONMENTAL SEWER-BOD n-HEXANE E 120.00 5310 Sewer Fund 430630 Collection and 000101 MONTANA ENVIRONMENTAL SEWER-LAB, BOD COLIF 5310 Sewer Fund 430630 Collection and 000101 MONTANA ENVIRONMENTAL SEWER-AMMONIA, BOD , 5310 Sewer Fund 430630 Collection and 000101 MONTANA ENVIRONMENTAL SEWER-BOD 45.00 5310 Sewer Fund 430630 Collection and 000101 MONTANA ENVIRONMENTAL SEWER-BOD 45.00 5310 Sewer Fund 430630 Collection and 000101 MONTANA ENVIRONMENTAL SEWER-BOD 45.00 5310 Sewer Fund 430630 Collection and 000543 NORCO INC SEWER-ACETYLENE CYLI 49.27 5310 Sewer Fund 430630 Collection and SEWER-UTILITY LOCATE 18.05 5310 Sewer Fund 430630 Collection and 5310 Sewer Fund 430640 Treatment and Disposal 5310 Sewer Fund 430640 Treatment and Disposal 000044 REPUBLIC SERVICES 1889 SEWER-WASTE DISPOSAL 56.09 5310 Sewer Fund 430670 Customer Accounting and 000005 POSTMASTER SEWER-BILLING RESERV 315.00 5310 Sewer Fund 430670 Customer Accounting and 4743 WEX BANK 2007 UTILITIES UNDERGROUND 000011 MISSION VALLEY POWER 2466 UNITED LABORATORIES INC 1780 BLACK MOUNTAIN SOFTWARE, SEWER-7l5 7TH AVE W SEWER-LINE MlNER,SOL SEWER-CASS CERT 85 . 00 145.00 127.01 4,446.65 50 . 00 Total for Fund: 6,956.20 Total: 57,769.85 Fund Summary for Claims ~7 : 05:33 For the Accounting Period: 11/14 Fund/Account Amount 1000 General All-Purpose Fund 101000 $20,994.39 2020 Police Municipal Services Levy $534 . 83 101000 2210 Parka/Salish Point $300.00 101000 2310 Tax Increment District 101000 $19.80 2390 Drug Forfeiture Fund 101000 $115 . 00 2394 Building Code Enforcement 101000 $66.00 2395 Tree Fund 101000 $18.59 2402 Light Maintenance District '20 101000 $223.84 2820 Gas Apportionment Tax Fund 101000 4530 TIFD City Dock & Walkpath project 101000 $5,183.58 5010 Golf Fund 101000 $14,512.74 5210 Water Fund 101000 $1,417.69 5310 Sewer Fund 101000 $6,956.20 Total: $57,769.85 Report ID: AP110 CITY OF POLSON FINANCE OFFICER BANK RECONCILIATION October 31, 2013 GENERAL LEDGER CASH REPORT BALANCE PLUS PAYROLL LIABILITIES ACCRUED BUT NOT PAID $ 4,766,189.85 $ 5,629.41 -'------''---- ADJUSTED GENERAL LEDGER BALANCE $ 4,771,819.26 GLACIER BANK OPERATING ACCOUNT $ PLUS FINANCE/UB DEPOSITS IN TRANSIT PLUS GOLF RESTAURANT DEPOSIT IN TRANSIT PLUS GOLF COURSE DEPOSIT IN TRANSIT $ $ $ 462 .25 1,583.20 12,080.00 MINUS OUTSTANDING PAYROLL CHECKS MINUS OUTSTANDING CLAIM CHECKS $ $ (35,553 .94) (200,141.31) MINUS OUTSTANDING PAYROLLACH TRANSACTIONS $ (10,983 .83) PLUS GLACIER BANK REPURCHASE ACCOUNT PLUS 1 FIRST CITIZENS BANK CD PLUS EDWARD JONES MONEY MARKET PLUS FIRST CITIZENS BANK SAVINGS ACCOUNT $ 3,994,738.02 $ 1,003,261.56 4,692.17 $ 481.14 $ PLUS PETTY CASH AND CASH DRAWERS $ DEMAND ACCOUNTS & INVESTMENTS $ 4,771,819.26 1,200.00 Bank Reconciliation 1':53:10 Report 10: BANKREC1 Reconciliation for Bank Account GLACIER BANK - ·····089 & ·····113 Reconciliation Period 10/13 Account. ·····089 & ·····113 Cash Account 101000 Cash Cash Account 101010 Cash Operating Sinking and. Interest Cash Account 102215 Cash Golf Rev. Bond 1998 S&I Cash Account 102216 Cash Rev Bond Si nking & Interest Cash Account 102220 Cash Revenue Bond Reserve Cash Account 102230 Cash Surplus Reserve Cash Account 102240 Cash Replaceman~/Depreciation Cash Account 102250 Cash Impact Fee/Restricted Cash Account 102300 Cash - Customer Deposita Cash Account 103000 Petty Cash Cash Account 103010 Cash Drawer Belance from Bank Statement Deposits in Transit Outstanding Checks Other Cash Items OS Payroll Liabilities 3,994,738.02 462.25 -235,695.25 -10,983.83 -5,629.41 Adjusted Bank Balance 3,7'2,891.78 General Ledger Balance 4,766,189.85 Manual Adjustments 1,003,261.56 - CD - First Citizens Bank 4.692.17 - Edwar&--Jones Money Market Account 481.1' - First Citizens Bank Savings Account 12.080.00 - Golf Pro Shop Deposits in Transit Total Manual Adjustments Diffe rence 1,583.20 Golf Restaurant Deposits in Transit 1,200.00 Petty Cash & Cash Drawers 1.023,298.07 0.00 Total checks and other credit items cleared: 754,871.25 Total deposits and other debit items cleared: 352,897.53 ~~GLACIER Account Statement I' 'I BANKTransfer Funds Bill Pal' MEMBER FDIC C/Janoe Email Address View Prior Statement Ask A Question Date 10/31/13 Page 1 Account Number CITY OF I?OLSON 106 1ST ST E POLSON MT 59860 Check Safekeeping CHECKING Account Number Previous Balance 6 Deposits/Credits 16 Checks/Debits Service Charge Interest Paid Ending Balance 4,440,344.86 124,356.84 571,038.77 .00 1,075.09 3,994,738.02 Statement Oates 10/01/13 thru 10/31/13 Days in the statement period 31 Average Ledger 4,219,426.30 Average Collected 4,219,426.30 Interest Earned 1,075.09 Annual Percentage Yield Earned 0.30% 2013 Interest Paid 8,576 . 21 ~~ GLACIER ~ Account Statement 'I BANK'" MEM~ER FDIC P.O. Do.lx17. Knlil.pcll.f\fTj!>903. J(SOO)7B-1J71 Transfer Funds Bill Pay Change Email Address Vielv Prior Statement Ask A Question Date 10/31/13 Page 1 Account Number CITY OF POLSON 106 1ST ST E POLSON MT 59860 Number of Enclosures CHECKING Account Number .00 910,067.62 264 Checks/Debits Service Charge Interest Paid 910,067.62 Ending Balance 2 41 10/01/13 thru 10/31/13 Days in the statement period 31 Average Ledger .00 Average Collected 7,817.34Statement Dates Previous Balance 82 Deposits/Credits . 00 .00 .00 E:~~<E!,i .r , ~"~ Y:!O:CaEO:QUd"~·::::~::::::~~~~~::::::::::::;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::1 C:LCY 0:1: J...J../ J..U/ J..1II 16:41:46 1'O.l.80n Page: 1 of 3 Cash Report by Fund/Account Report 1D: L160 For the Accounting Period: 10/13 Funds 1000-7120 Beginning Fund/Account 1000 Balance Transfers Received In Transfers Disbursed Out Ending Balance General All-Purpose Fund 101000 Cash - Operating 86,U4.20 9',530.60 359.33 0.06 167,24.9.41 103000 Petty Cash 200.00 0.00 0.00 0.00 0.00 200.00 103010 Cash Drawer 100.00 0.00 0.00 0.00 0.00 100.00 86,784.20 94,530.60 359.33 0.06 167,249.41 14,424.66 7,182.82 '.13 0.00 0.00 0.00 7,186.95 16,842.75 9.50 0.00 0.00 0.00 16,852.25 Operating 10,014 .C3 8,160.92 0.00 3.58 8,530.9C 9,640.83 101000 Cash - Operating 5.22 0 . 00 0.00 0.00 0.00 5.22 20,351.57 5,61:5.90 0.00 0.00 0.00 25,971.47 197.52 0.11 0.00 0.00 0 . 00 197.63 0.00 0.70 0.00 0.00 0 . 00 0.70 1,082.08 0.63 0.00 0 .00 0.00 1,082.71 166.57 0.09 0.00 0.00 0.00 166.66 -509.90 0.00 0.00 0.61 0.04 -510.55 140,103.13 80.65 0.00 0.00 0.00 140,183.78 822.89 O. fo7 0.00 0.00 0.00 823.36 9,705.C2 106 . 0 4 0.00 0.00 8,323.45 1,488.01 0 . 00 0.00 100.00 0.00 0.00 100.00 0 . 00 0.00 8,048 . 45 0.00 0.00 8,048.45 102,832 . 22 -259.29 0.00 0.00 0.00 102 ,572. 93 '0,000.00 0 . 00 0 . 00 0.00 0.00 142,832.22 -259.29 3 ,4 08.04 85.00 0 .0 0 0.00 0.00 3,493.04 4,019.82 1.87 0.00 0.00 0.00 C,021 .69 600.74 120.96 0.00 0.00 1,109.41 -387.71 -56,843.64 '6,818.51 0.00 26.31 6,562.20 -16 ,613.64 Total Fund 2001 Fire Impact Fees 102250 Cash Impact Fee/Restricted 2002 Parks Impact Fees 102250 Cash Impact Fee/Restricted 2020 Police Municipal Services Levy 101000 Cash 2170 2210 Airport Parka/Salish Point 101000 Caah - Operating 1:211 Skate Park Fund 101000 Caah - Operating 2212 Cultural Trust Grant 101000 Cash - Operating 2213 Dog Park/Travis Dolphin 101000 Cash - Operating 2214 Rota~ Donation 101000 Cash - Operating 2215 Hanging Basket Maintenance 101000 Cash - Operating 2216 Parkland Subdivision Fee (formerly 7060) 101000 Cash - Operating 2218 Carol Sampson Sherick Trail Memorial Fund 101000 Cash - Operating 2219 Parka Donationa 101000 Cash - Operating 2221 Eagle Scout Project Fund 101000 Cash - Operating 2222 Park Donations - Reatricted 101000 Cash - Operating 2310 Tax Increment District 101000 Cash Operating 102220 Cash - Revenue Bond Reserve Total Fund 2372 Street Permits Revenue 101000 Cash - Operating 2390 Drug Forfeiture Fund 101000 Cash - Operating 2394 Building Code Enforcement 101000 Cash - Operating 2395 40,000.00 1402,572.93 Permissive Medical Hills 101000 Cash - Operating 2386 140,124.66 'l'ree Fund Ci.ty 01: Polson J.J./J.U/J.4 Page: 2 of 3 Cash Report by Fund/Account 16:41:46 Report ID; L160 For the Accounting Periodl 10/13 Funds 1000-71:1:0 Beginning Fund/Account Balance 101000 Cash - Operating 2401 Fire Barnows~ Gas Apportionment Tax 11,978.51 767.62 1,353 .66 0.00 0.00 1,358.92 762.36 20,443.32 10.77 0 .00 0.00 0.00 20,454.09 61,623.24 35.44 0.00 0.00 0.00 61,658.68 370.37 0.22 0.00 0 . 00 0.00 370.59 14,541.93 7.27 0.00 0.00 0.00 14,549.20 2,206.39 1,500 .90 0.00 0.00 0.00 3,707.29 497.07 0.28 0.00 0.00 0.00 497.35 7,972.31 77.06 0.00 0.00 45.00 8,004.37 4,690.17 2.41 0.00 0.00 0.00 4,692.58 31,981. 78 8 , 342.76 46.76 0.00 19,577.67 20,793.63 -276.28 14,678.61 0.00 7 , 846.28 2,497.11 4 ,058.94 498.65 0.65 0.00 0.00 0.00 499 . 30 5 .. 653.21 3.25 0 . 00 0.00 0.00 5,656.46 154,218.47 88.70 0.00 0.00 0.00 154,307.17 13,287.58 SPECIAL ASSESSMENT DEBT-Revolving Fund 101000 Cash - Operating 3542 1,351.08 RCDI/Growth Policy 101000 Cash - Operating 3500 1,351.08 Parks ARRA Recycle Grant 101000 Cash - Operating 2943 0.00 POLICE FEDERAL C.O.P.B. GRANT 101000 Cash - Operating 2932 25.74 Fund 101000 Cash - Operating 2876 14,654.93 Police Training Fund 101000 Cash - Operating 2820 4,077.84 Police Donations 101000 Cash - Operating 2810 32 . 17 Kids Safety/POLICE/FIRE 101000 Cash - Operating 2720 0.00 Fire Mamb. Donation Fund 101000 Cash - Operating 2710 0.00 Fire Training Center Donations 101000 Cash - Operating 2703 2.40 Estate Donation 101000 Cash - Operating 2702 4,107.61 Sidewalk Loan Fund 101000 Cash - Operating 2701 Ending Balance Out Weed Cleanup Maintenance Fund 101000 Cash - Operating 2510 Transfers Disbursed Light Maintenance Dietrict 1:1: 0 101000 Cash - Operating 2500 In Light Maintenance District 119 101000 Cash - Operating 240:1: Transfers Received SID '42 Streetscape Main St . Imp. project 101010 Cash Sinking and Interest 13,258.44 29.14 0.00 0 . 00 0.00 102220 Cash Revenue Bond Reserve 37,500.00 0.00 0.00 0.00 0.00 Total Fund 50,758.44 29.14 4,662.73 2.68 0.00 0.00 0.00 4,665.41 645,62:1 . 06 134.86 11,500.36 0.00 195 ,119.70 462,137.58 187,901.23 91,402.44 136.54 15,081.01 150,117.45 114,241.75 52,393.14 0.00 8,732.19 52,393 .13 0.00 8,732.20 122 ,769.49 176.11 0.00 0.00 0.00 12 2 ,945.60 25,140 .4 0 0.00 0.00 0.00 0.00 25,140.40 750.00 0 . 00 0.00 0.00 0.00 750.00 388,954.:1:6 91,578.55 8 .. 868.73 67,(74.14 150,117 .45 271,809.95 243,735.4' 157 . 25 0.00 0.00 0.00 243,892.70 4520 Streetscape/Hain St. rmp. Project 101000 Cash - Operating 4530 TIFD City Dock ~ Walkpath project 101000 Cash - Operating 5010 Golf Fund 101000 Cash Operating 102216 Cash Rev Bond Sinking & Intere 102230 Cash Surplus Reserve 102240 Cash Replacement/Depreciation 103010 Cash Drawer Total FUnd 5201 37,500.00 50,787.58 Water rmpact Fees 102250 Cash I~act Fee/Restricted ........... ,Y J.J./J.V/J. .. 16:41:46 Cash Report by Fund/Account Report ID: L160 For the Accounting Period: 10/13 Funds 1000-7120 Beginning Fund/Account 5210 Balance Operating 102216 Cash Rev Bond Sinking 102220 Cash Revenue Bond Reserve 102230 Cash Surplus Reserve 102240 Cash Replacement/Depreciation 102300 Cash Customer DepositD Intere &:. 103010 Cash Drawer Total F=d Transfers Ending Out Balance 181,896.00 134,313.28 583.00 21,985.02 112,131.89 182,675.37 13,539.39 0.00 1,507.71 0.00 0.00 15,047.09 18,979 . 00 0.00 0.00 0.00 0 . 00 18,979 . 00 6,930.83 576.65 0.00 0.00 0.00 7,507.48 837,971.03 0 . 00 0 . 00 0.00 0 . 00 837.971. 03 13,156 . 25 350.00 0.00 0 . 00 583.00 12,923.25 150.00 0.00 0.00 0 . 00 0.00 150.00 1,072,622.49 135,239.93 2, 090.71 21,985.02 112,714.89 1,075,253.22 56,020.92 31.60 0 . 00 0.00 0.00 56,052 . 52 Sewer Fund 101000 Cash Operating 102240 Cash Replacement/Depreciation Total Fund 5390 Disbursed Sewer Impact Fees 102250 Cash Impact Fee/Restricted 5310 In Water Fund 101000 Cash 5301 Transfers Received 464,927.88 53,047.75 1,654.91 21,250.00 89,182.28 409,198.26 1,445,4.82.15 2,365.43 0 . 00 0.00 0.00 1 ,447,847 .58 1,910,410 . 03 55,413 . 18 1,654.91 21,250.00 89,182.28 1,857,04.5.84 64,488 . 79 8,903 . 78 810.40 0.00 4 ,480.72 69,722 .25 5,147,991. 84 472,907.88 33,479.65 119,937.08 768,252.44 4,766,189.85 Stormwater Project Fund 101000 Cash - Operating Totals CITY OF POLSON FINANCE OFFICER BANK RECONCILIATION November 30, 2013 GENERAL LEDGER CASH REPORT BALANCE PLUS PAYROLL LIABILITIES ACCRUED BUT NOT PAID $ 4,572,003.53 $ 45,896.58 --'----'---- ADJUSTED GENERAL LEDGER BALANCE $ 4,617,900.11 GLACIER BANK OPERATING ACCOUNT $ PLUS FINANCE/UB DEPOSITS IN TRANSIT PLUS GOLF RESTAURANT DEPOSIT IN TRANSIT PLUS GOLF COURSE DEPOSIT IN TRANSIT $ $ $ MINUS OUTSTANDING PAYROLL CHECKS MINUS OUTSTANDING CLAIM CHECKS $ $ MINUS OUTSTANDING PAYROLL ACH TRANSACTIONS $ PLUS GLACIER BANK REPURCHASE ACCOUNT PLUS 1 FIRST CITIZENS BANK CD PLUS EDWARD JONES MONEY MARKET PLUS FIRST CITIZENS BANK SAVINGS ACCOUNT $ 3,754,574.23 $ 1,003,261.56 4,692.17 $ 481.14 $ PLUS PETTY CASH AND CASH DRAWERS $ DEMAND ACCOUNTS & INVESTMENTS $ 4,617,900.11 181.00 (2,261.15 ) (143,478.84) 450.00 ---.. -- ----_.. Bank Reconciliation 14:49;24 Report ID: BANKREC1 Reconciliation for Bank Account GLACIER BANK - *****089 & *****113 Reconciliation Period 11/13 Account t *****089 & *****113 Cash Account 101000 Cash Cash Account 101010 Cash Operating Sinking and Intereat Cash Account 102215 - Cash Golf Rev. Bond 1998 8&1 Cash Account 102216 Cash Rev Bond Sinking & Interest Cash Account 102220 Cash Revenue Bond Reserve Cash Account 102230 Cash Cash Account 102240 - Cash Surplus Reserve Replacement/Depreciation Cash Account 102250 - Cash Impact Fee/Restricted Cash Account 102300 Cash - CUstomer Deposita Cash Account 103000 Petty Cash Cash Account 103010 Cash Drawer Balance from Bank Statement Deposits in Transit Outstanding Check. Other Cash Items os Payroll Liabilities 3,754,574.23 0.00 -145,739.99 0.00 -45,896.58 Adjusted Bank Balance 3,562,937.66 General Ledger Balance 4,572,003.53 Manual Adjustments 1,003,261.56 4,692.17 Total Hanual Adjustments Difference CD - First- Citizens Bank E~ard Jones Honey Harket Account 481.14 Firat Citizens Bank Savings Account 181.00 Golf Restaurant Deposit in Transit 450.00 Petty Cash & Cash Drawers 1,009,065.87 0.00 Total checks and other credit itema cleared: 519,589.10 Total deposits and other debit items cleared: 265,943.11 A" .......... . 15:30:31 Cash Report by Fund/Account Report IDl L160 For the Accounting Period: 11/13 Funds 1000-7120 Beginning f'Und/Aecount 1000 Balance Transfers Received In Disbursed Transfers Ending Out Balance General A11-Purpose Fund 101000 Cash - Operating 14,124.66 76,833.24 40.00 74.25 158,068.37 103000 Petty Cash 200 .00 0.00 0.00 0.00 0.00 200. 00 103010 Cash Drawer 100.00 0.00 0.00 0.00 0.00 100 .00 14,424.66 76,833.24 4 0.00 74.25 158,068.37 -66,844.72 7,186.95 810.07 0.00 0.00 0.00 7,997.02 16,852.25 852.25 0.00 0.00 0.00 17,704.50 Operating 9,640.83 5,166 . 12 0.00 0.00 8,457.93 6,349.02 101000 Cash - Operating 5.22 0.00 0.00 0.00 0.00 5.22 25,977.47 5.32 0.00 0.00 306 . 94 25,675.85 197.63 0.04 0.00 0.00 0.00 197.67 0.70 100.00 0.00 0.00 0.00 100.70 1,082.71 0.22 0.00 0.00 0.00 1,082.93 166.66 0.03 0.00 0.00 0 . 00 166.69 -510.55 0.00 0.00 0.10 8.88 -519.53 140,183.78 28.70 0.00 0.00 1,030.00 139,182.418 823.36 0.17 0.00 0.00 0 . 00 823.53 1,488.01 0.30 0.00 0.00 98.23 1,390.08 100.00 1,186.7'1 0.00 0.00 0.00 1,286.77 8,048.45 1.65 0.00 0.00 0.00 8,050.10 102,572.93 8,205.86 0.00 0.00 0.00 110,778.79 40,000.00 0.00 0.00 0.00 0 . 00 142,572.93 8,205.86 3,493.04 1,925.34 0.00 0.00 0.00 5,418.38 4,021.69 0.82 0.00 0.00 0.00 4,022.51 -387.71 0.00 0.00 0.08 500.00 -887. 79 -16,613.64 2,297.00 0.00 3.40 5,223.35 -19,5413.39 Total Fund 200 1 Fire Impact Fees 102250 Cash Impact Fee/Restricted 2002 Parks Impact Fees 102250 Cash Impact Fee/Restricted 2020 Police Municipal Services Levy 101000 Cash 2170 2210 Airport Parks/Salish Point 101000 Cash - Operating 2211 Skate Park Fund 101000 Cash - Operating 2212 CUltural Trust Grant 101000 Cash - Operating 2213 Dog Park/Travis Dolphin 101000 Cash - Operating 2214 Rotary Donation 101000 Cash - Operating 2215 Hanging Basket Maintenance 101000 Cash - Operating 2216 Parkland SUbdivision Fe. (foJ:lQerly 7060) 101000 Cash - Operating 2218 Carol Sampson Sherick Trail Memorial Fund 101000 Cash - Operating 2219 Parks Donations 101000 Cash - Operating 2221 Eagle Scout Project Fund 101000 Cash - Operating 2222 Park Donations - Restricted 101000 Cash - Operating 2310 Tax Increment District 101000 Cash Operating 102220 Cash Revenue Bond Reserve Total Fund 2372 Street Permits Revenue 101000 Cash - Operating 2390 Drug Forfeiture Fund 101000 Cash - Operating 2394 Building Code Enforcement 101000 Cash 2395 40,000.00 150,778.79 Permissive Medical Mills 101000 Cash - Operating 2386 -67,144.72 Tree Fund Operating Cash Report by Fund/Account 15:30:31 Report 10: L160 For the Accounting Period: 11/13 Funds 1000-7120 Beginning Fund/Account Balance 101000 Cash - Operating 2(01 Operatin~ 762.36 31.59 0.00 0.00 992.25 -188.31 20,(54.09 4 .19 0.00 0.00 0.00 20,458.28 61,658.68 12.62 0 .00 0.00 0.00 61,671.30 370.59 0.09 0.00 0 . 00 0.00 370 . 67 14,5(9.20 2.99 0.00 0.00 0.00 14,552.18 3,707.29 0.76 0.00 0.00 0.00 3,708 . 05 497.35 0.10 0 .00 0.00 0.00 4197.45 8,00'.37 1.6' 0 .00 0 . 00 5,610.35 2,395.66 (,692.58 0.96 0.00 0 . 00 0 . 00 4,693.54 20,793.63 8,959.60 0.00 0.00 3,101.07 26,651.16 (,058.9( 0 .0 0 0.00 0.00 2,696.72 1,362.22 4199.30 0.10 0 . 00 0.00 0.00 4 99.40 5,656.46 1.16 0.00 0.00 0.00 5,657.62 154,307.17 31.59 0.00 0 . 00 0.00 154,339.76 13,297.98 SPECIAL ASSESSMENT DEBT-Revolving Fund 101000 Cash - Operating 3542 11,156 . 06 RCDI/Growth Policy 101000 Cash - Operating 3500 1,351.08 Parks ARRA Recycle Grant 101000 Cash - Operating 2943 0.00 POLICE FEDERAL C.O .P .S. GRANT 101000 Cash 2932 0.00 Gas Apportionment Tax Fund 101000 Cash - Operating 2876 529.63 Police Training Fund 101000 Cash - Operating 2820 11,978.51 Police Donations 101000 Cash - Operating 2810 4,061.15 Kids Safety/POLICE/FIRE 101000 Cash - Operating 2720 17.52 Fire Mamb. Donation Fund 101000 Cash - Operating 2710 0.00 Fire Training Center Dona tions 101000 Cash - Operating 2703 0 . 00 Fire Barnowsky Estate Donation 101000 Cash - Operating 2702 0.93 Sidewalk Loan Fund 101000 Cash - Operating 2701 4 ,077.8 ( Weed Cleanup Maintenance Fund 101000 Cash - Operating 2510 Ending Balance Out Light Maintenance District '20 101000 Cash - Operating 2500 Transfers Disbursed Light Maintenance District '19 101000 Cash - Operating 2(02 Transfers Received SID '42 Streetscepe Main St. Imp. Project 101010 Caah Sinking and Interest 13, 297 . 59 10.40 0.00 0.00 0.00 102220 Cash Revenue Bond Reserve 37,500.00 0.00 0.00 0.00 0.00 Tota l Fund 50,787.59 10.40 4,665.41 0.96 0.00 0.00 0.00 4,666 . 37 462,137.59 94.61 3,953.29 0.00 99,916.62 377,169.85 114,241.75 16,526.00 0.00 32 . 24 55,454.39 75,281.12 9,732.20 0.00 9,732.19 0.00 0.00 17,464 . 39 122,945.60 55.49 0.00 0.00 0.00 123,001.09 25,140.40 0.00 0.00 0.00 0.00 25,140.40 750.00 0.00 0.00 750.00 0.00 0.00 271,909.95 16,581.49 8,732.19 792.2( 55,454.39 240 , 987.00 243,992.70 3,562.53 0.00 0.00 0.00 247,455.23 4520 Streetacape/Main St . rmp. Project 101000 Cash - Operating 4530 TIFD City Dock & Walkpath project 101000 Cash - Operating 5010 Golf Fund 101000 Cash Operating 102216 Cash Rev Bond Sinking & Intere 102230 Cash Surplus Reserve 102240 Cash Replacement/Depreciation 103010 Cash Drawer Total Fund 5201 37.500 .00 50,797.99 Water Impact Fees 102250 Cash ~act Fee/Restricted Report 10: LIQ:O Cash Report by Fund/Account 15:30:31 For the Accounting Period: 11/13 Funos 1000-7120 Beginning Fund/Account 5210 Balance Trllnsfers Received In TI.'ansfel."s Disbursed Ending Ballince Ou' Water Fund 101000 Cash Operating 1 82,675.37 84,542.32 533.00 17.99 80,767.75 102216 Cash Rev Bond Sinking k Intere 15,047.09 0.00 1,507.71 0.00 0.00 16,554 . 80 102220 Cash Revenue Bond Reserve 18,979.00 0.00 0.00 0.00 0.00 18,979.00 102230 Cash Surplus Reserve 102240 Cash Replacement/Depreciation 102300 Cash Customer Deposits 103010 Cash Drawer Total Funo 5301 220.10 0 . 00 0.00 0.00 7,727.58 300.00 0.00 0.00 0.00 838,271.03 12,923.25 90 0.00 0 .00 0.00 533.00 13.290.25 150 .00 0.00 0.00 0.00 0.00 150.00 1,075,253.22 85.962.4.41 2.04 0.7 1 17. 99 81,300.75 1,091,937 . 61 56,052.52 1,943.49 0.00 0 . 00 0.00 57,996.00 Sewer Fund 101000 Cash Operating 102240 Cash Replacement/Depreciation Total Fund 5390 7,507.118 837,971- 03 Sewer Impact Fees 102250 Cash Impact Fee/Restricted 5310 1136.964.95 409,1!;!e.26 41,131.03 1,579.25 0.00 62,305.70 389,602.84 1,447,847.58 696 . 18 0 . 00 0.00 0.00 1,448,543.76 1,857,045 . 84 41,827.21 1,579.25 62,305 . 70 1,838 , 14.6.60 69,722.25 8,527.87 813.00 4.00 433.23 78.625.89 4,766,189.85 265,500.69 17,058.43 882.06 475,863 . 36 4,572.003.53 Stormwater Project Fund 101000 Cash - Operating Totals Account Statement MEMBER FDIC Transfer Funds Bill Pay ChanGe Email Address View Prior Slatement Ask A Question Page Date 11/29/13 ! Accou n t Number CITY OF POLSON 106 1ST ST E. POLSON MT 59860 WE HAVE; DISCOVERED A SYSTEt1 ERROR AFFECTING STATEMENTS FOR CUSTOMERS 'fIHO USE OVERDRAFT SERVICES. THE "TOTAL OVERDRAFT FEES" TABLE ON THESE CUSTOMERS I STATEMENTS HAY BE INCORRECT. ACTUAL OVERDRAFT FEES INCURRED WERE POSTE D AND ITEMIZED CORRECTLY IN THE BODY OF THE MONTHLY STATEMENTS. THE " TOTAL OVERDRAFT FEES" TABLE WILL BE CORRECT ED BEGINNING WITH THE JANUARY 2014 STATEMENT. PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS. CHECKING Account Number Previous Balance 10 Deposits/Credits 9 Checl~s/Debits Service Charge Interest Paid Ending Balance 3,994,738.02 139,783.02 380,922.32 .00 975.51 3,754,574.23 Check Safekeeping Statement Oates 11/01/13 thru 12/01/13 Days in the statement period 31 Average Ledger 3,828,634.58 Average Collected 3,828,634.58 Interest Earned 975.51 Annual Percentage Yield Earned 0.30 % 2013 Interest Paid 9,551.72 ;:::::::::::::::::::::::::::::::::::::::::::::::::::J ctivit ~ y -=---a ~ te ~ O~deI :::'__~~~__~______"-______.-;:______ ~~ GLACIER Account Statcmcnt If 'I BANK' Transfer Funds Bil/ Pav MEMBER FDIC Change Email Address Vieti' Prior Statement Ask A Question Date 11/29/13 1 Account Number CITY Of POLSON 106 1ST ST E POLSON MT 59860 NE HAVE DISCOVERED A SYSTEt-1 ERROR AFFECTING STATEMENTS FOR CUSTOHERS WHO USE OVERDRAFT SERVICES. THE "TOTAL OVERDRAFT fEES " TABLE ON THESE CUSTOMERS ' STATEMENTS MAY 8E INCORRECT. ACTUAL OVERDRAFT FEES INCURRED WERE POS TED AND ITEMIZED CORRECTLY IN THE BODY Of THE t-l0NTHLY STATEMENTS. THE " TOTAL OVERDRAFT fEES" TABLE IHLL BE CORRECTED BE:GINNING IHTH THE JANUARY 2014 STATEMENT. PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS. CHECKING Account Number Previous Balance 50 Deposits/Credits 207 Checks/Debits Service Charge Interest Paid Ending Balance .00 659,832.53 659,831.53 .00 .00 .00 Number of Enclosures 178 Statement Dates 11/01/13 thru 12101/13 Days in the statement period 31 Average Ledger .00 Average Collected 10,705.22- CITY OF POLSON CITY COMMISSION AGENDA ITEM SUMMARY Agenda Item Number: 7 Meeting Date: November 17, 2014 Staff Contact: Cindy Dooley, Finance Officer AGENDA ITEM SUMMARY: Approval of Resolution No. 2014-#_ to appropriate money and provide for the payment of debts and expenses for the City of Polson in fiscal year 20132014. BACKGROUND: The final budget, even though it is displayed on a line item basis, is approved at the fund level. Per MCA 7-6-4006, the City is allowed to amend the final approved budget for any funds where the expenditures exceed the approved appropriations. This usually occurs when the City receives unanticipated revenues and then spends those revenues or unexpected expenditures are incun'ed that require the use of fund balance (prior year net revenues). A budget amendment requires a public hearing to be held during the regular City Commission business meeting. At the public hearing any taxpayer or resident may be heard for or against any part of the proposed budget amendments. ANALYSIS: For fiscal year 2013-2014 there are a total of 10 funds that require a budget amendment. Exhibit A to the Resolution details the appropriation amount that is needed and the source of the appropriation and the amount available to fund the appropriation. FINANCIAL CONSIDERATIONS: The total increase in appropriations is $19,747.00. There is a total of $58,610.00 in increased revenues to offset appropriations in funds 2219, 2221, 2390, 2703, 2810 and 2876. Working capital will decrease in funds 2402, 2500 and 5390 as fund balance is the source of the appropriation. STAFF RECOMMENDATION: compliance with budgetary laws. Approve the Budget Amendments Resolution to be 111 SUGGESTED MOTION: I move to approve Resolution No. 2014-#_ to appropriate money and provide for the payment of debts and expenses for the City of Polson in fiscal year 20132014 as detailed on Exhibit A of the resolution. ATTACHMENTS: Resolution No. 2014-#__ RESOLUTION NO. 2014-#_ _ RESOLUTION TO APPROPRIATE MONEY AND PROVIDE FOR THE PAYMENT OF DEBTS AND EXPENSES FOR THE CITY OF POLSON IN FISCAL YEAR 2013-2014 AS ALLOWED BY MCA 7-6-4006. WHEREAS, pursuant to MCA section 7-6-4006 the City Commission of the City of Polson, Montana, may appropriate money and provide for payment of debts and expenses of the local government. WHEREAS, appropriations may be adjusted by passage of a resolution stating the adjustment, which is the procedure authorized by the governing body for, debt service funds for obligations related to debt approved by the governing body, trust funds for obligations authorized by trust covenants, any fund for federal, state, local, or private grants and shared revenue accepted and approved by the governing body; any fund for special assessments approved by the governing body; the proceeds from the sale of land, any fund for gifts or donations, and money borrowed during the fiscal year. WHEREAS, the governing body may amend the budget for the fiscal year and conducted a public hearing on November 17, 2014 stating its intention to amend the budget and provide for additional appropriations and identify reserves, unanticipated revenue or previously unbudgeted revenue that will fund the appropriations. WHEREAS, the annual appropriations and transfers out for various departments of the City of Polson, Montana for the Fiscal Year 20132014 will be controlled and monitored for budgetary compliance at the fund level; WHEREAS , the following adjustments to budgets are proposed and deemed necessary: See attached amendment. Exhibit A for increase detail expenditure regarding each fund budget NOW BE IT RESOLVED by the Polson City Commission that unanticipated revenues, budgeted revenues and fund balance reserve amounts will be used to cover the following expenditures: $ $ $ $ $ $ $ $ $ $ 200.00 2,227.00 1,156.00 7,929.00 476.00 205.00 407 . 00 1,161.00 5,767.00 219 . 00 Added Added Added Added Added Added Added Added Added Added to to to to to to to to to to 2219 2221 2222 2390 2402 2500 2703 2810 2876 5390 460430 460430 460430 420140 430263 431100 420400 420140 420140 430235 PASSED AND APPROVED this 300 299 299 294 341 299 200 375 100 300 day of November 2014. Resolution 2014-#____ FY13-14 Budget Amendment 1 Heather Knutson, Mayor ATTEST: __~____~__________________ Cora E Pritt, City Clerk Resolution 2014-#____ FY13-14 Budget Amendment 2 ety of Polson Resolution No. 2014-# Exhibit A Budget Amendments To Appropriation Amount Description Parks Donations-ParksPurchased Services 2219-460430-300 $ Source of Appropriation Unanticipated Donation Revenue: 200.00 2219-365049 Eagle Scout Project Fund Parks-Assets less than 2221-460430-299 $5000 2222-460430-299 Park Donations Restricted-Parks-Assets less than $5000 2390-420140-294 Drug Forfeiture FundCrime Control and Investigation-DTF Operations 2402-430263-341 $ Justification Additional expenses were incurred based on increased 26,561.00 revenues $ Fund #2221 was created in FY14 to fund the Eagle Scout 2,237.00 project $ Fund #2222 was created in FY14 to better account for restricted donations for the 8,049.00 Parks Dept. $ Additional expenses were incurred based on increased 8,484.00 revenues Unanticipated Donation Revenue: $ 2,227.00 2221-365065 Equity Transfer· from fund 2219 (Parks non-restricted donations): $ 1,156.00 2222-271400 Unanticipated Drug Forfeitures Revenue: 2390-351013 & 384040$6,484.00; Unanticipated Donation Revenue: 2390-365071 - $ 7,929.00 !~000.00 ~lectriC costs and purchase Light Maintenance District #20-Street .. Lighting-Electric Fund Balance Rese rves: $ 2500-431100- 299 Weed Cleanup Maintenance FundWeed Control-Assets less than $5000 2703-420400-200 Fire Member Donation Fund-Fire Protection and Control-Supplies 2810-420140-375 Police Training FundCrime Control and Investigation-Education, Travel, Dues $ 2876-420140-100 Police Federal COPS Grant-Crime Control and Investigation-Personal Services $ 5390-430235-300 Stormwater Project Fund-Storm DrainagePurchased Services I Revenue/ Funa Balance Reserve Amount 476.00 2402-250200 $ Purchase of a portion of the Weed Sprayer was not Fund Balance Reserves: $ 205.00 2500-250200 $ Unanticipated Donation Revenuel 407.00 2703-365043 $ $ $ Grant was extended so additional personal costs were expended from this 5,767.00 fund. l$ Costs exceeded budgeted 219.00 costs Unanticipated Grant Revenue: 2876-331020 - $4,584.00 and Fund Balance Reserves: 28765,767.00 250200 - $1,183.00 I I ·An Equity Transfer involves moving prior year net revenues from one fund to another fund. Expenses were incurred based on donation revenue 2,239.00 received $ 1,161.00 2810-335050 219.00 5390-343039 19,430.00 budgeted Insurance Apportionment Revenue was greater than expected so add itional 14,505.00 expenses incurred Unanticipated State Insurance Apportionment Revenue: Budgeted Stormwater Fees Revenues: $ of LED lights was more than 4,399.00 anticipated I I CITY OF POLSON CITY COMMISSION AGENDA ITEM SUMMARY g Agenda Item Number: Meeting Date: November 17,2014 Staff Contact: Cindy Dooley, Finance Officer AGENDA ITEM SUMMARY: Approval of Pledged Securities for purchase of $1,000,000 Certificate of Deposit at First Citizens Bank, Polson Montana. BACKGROUND: Montana law requires city treasurers to deposit all public money not required for immediate use into banks, building and loan associations, savings and loan associations or credit unions. Demand deposits (checking accounts) must be deposited in banks only. Deposits can be in the form of savings, time deposits, repurchase agreements and various obligations of the United States Treasury and other U.S. agencies. The City's investment policy further restricts savings, time deposits and repurchase agreements to deposits in local fmancial institutions. Interest paid on investments shall be at rates that are no less than the rate of interest that is paid on money from private sources on the same terms. The City's investment policy requires that the uninsured portion of deposits be collateralized in accordance with Montana State Law. MCA 7-6-207 states that if the financial institution has a net worth to total assets ratio of 6% or more, then 50% of the uninsured portion must have pledged securities (collateral). If the net worth to total assets ratio is less than 6% then 100% of the uninsured portion must have pledged securities. The City's goveming body must approve the pledged securities prior to the deposit being made to the financial institution. ANALYSIS: The City placed an investment of public funds bid to local banks with a bid closing date of November 13, 2014 at 4:00 pm. Three quotes were received as detailed on the attached Quotes for Settlement November 18, 2014. Based on the quotes and an analysis of comparable rates, the City will place $1,000,000 with First Citizens Bank on November 18, 2014 in a Certificate of Deposit. The attached list of pledged securities is a continuation of pledged securities previously used as collateral for the First Citizens Bank CD #301494 which matured on October 22, 2014. These securities were confirmed on November 12, 2014 by John Stobie, CFO of First Citizens Bank. FINANCIAL CONSIDERATIONS: This investment at an annual percentage yield (APY) of .8% will earn approximately $8,025 with the interest being added to the account on a quarterly basis. STAFF RECOMMENDATION: Approve pledged securities for investment of public funds. SUGGESTED MOTION: I move to approve the list of pledged securities presented for the investment of public funds in a certificate of deposit at First Citizens Bank in the amount of $1,000,000 on November 18, 2014. ATTACHMENTS: City of Polson - Public Funds Investment Bid List of Pledged Securities Thursday, November 13, 2014 City of Polson - Public Funds Investment Bid QUOTES FOR SETTLEMENT NOVEMBER 18, 2014 Term 1 Year Maturity Amount 11/18/2015 $1,000,000.00 1st Citizens Bank 0.80% APY Glacier Bank 0.25% APY Eagle Bank 0.125% APY Community First Interstate Bank Bank No quote No quote Purchase certificate of deposit at 1st Citizens Bank per quote 0.80% Interest rate analysis: 1st Citizens board rate: 1 year certificate of deposit 0.25% (not a jumbo CD rate) Thank you for the quote. Cindy M Dooley, CPA Finance Officer COMPARABLE RATES: 1-year online bank jumbo certificate of deposit {Out of state} 1.00% (average) 1-year Treasury Bill 0.15% State of Montana Investment Pool (STIP) Average yield November, 2014 (mtd) Average yield October, 2014 Average yield FY 2014 0.11% 0.10% 0.14% Repurchase Agreement w/Glacier Bank {overnight investment pool} 0.30% Valley Bank No quote Whitefish Credit Un. No quote DETAILED LISTING OF PLEDGED SECURITIES November 18, 2014 1 st CITIZENS BANK MuniciQallUS Gov't Agenc~ Bonds Federal Home Loan Bank 313379DT3 Maturity: 06/0812018 City of Shelby GO BNI 821787BD9 Maturity: 07/0112019 Loan Securities Confirmed 11/12/2014 Real Estate Loan #30 17135 Maturity 12-01-2028 Real Estate Loan #3017395 Maturity 12-05-2030 Real Estate Loan #3013508 Maturity 08-01-2019 Real Estate Loan #23001310 Maturity 10-18-2027 Real Estate Loan #1134487 Maturity 12-04-2016 Real Estate Loan #3017330 Maturity 04-29-2040 Real Estate Loan #3013014 Maturity 02-01-2026 Real Estate Loan #3016849 Maturity 04-01-2026 Real Estate Loan #3012104 Maturity 09-15-2023 Real Estate Loan #23001476 Maturity 11-01-2038 Real Estate Loan #3017408 Maturity 02-10-2026 USDA Loan #1137776 Maturity 1110112036 1st Citizens Bank Pledge Total: AMOUNT $ 150,000.00 $ 165,000.00 $ $ $ $ $ $ $ $ $ $ $ $ 55,441.38 150,379.88 11,734.46 46,840.26 169,849.62 187,100.17 38,854.04 188,202.78 54,494.92 107,349.68 53,356.21 510,457 .94 1,889,061.34 $ Total CD amount Total savings account amount Less FDIC insured amount Net uninsured amount $ $ $ $ 1,000,000.00 481.40 (250,000.00) 750,481.40 Excess Pledging $ 1,138,579.94 City of Polson City Commission Agenda Item Summary 9 Agenda Item Number: Meeting Date: 11117/14 Staff contact: Erica Wirtala, AICP, Acting City of Polson Planner [email protected] AGENDA ITEM SUMMARY: Final Plat Extension Agreement - Robin and Danielle Dotson (2-lot residential subdivision). The proposed subdivision is located on the south side of Rung Lane and west of First Street East. Lot 4 of Skyline Homesites. The property cUlTently contains two houses and various out-buildings. BACKGROUND: The Polson City Commission approved the preliminary plat on 9121109, subject to 25 conditions. The expiration date for final plat was noted as Condition #3 to expire in two years' time. See attached staff report for analysis of conditions. FINANCIAL CONSIDERATIONS: No known costs to the City STAFF RECOMMENDATION: The Planning Staff recommends to the City Commission to approve an Extension Agreement of the 2-Lot Dotson Subdivision, SD0901. PUBLIC COMMENT: Public comment is not required by State Law or the PDC for action on Extension Agreements. SUGGESTED MOTION: I make a motion to approve a two-year Extension Agreement on behalf of the Robin and Danielle Dotson for their 2-Lot Dotson Subdivision, SC09-01. The new expiration date for this preliminary plat will be 1111712016. ATTACHMENTS: Planning Staff Report prepared by Erica Wirtala-City of Polson planner Extension Agreement Preliminary Plat documents November 3, 2014 Polson City Commission 106 1Sl Street East Polson, MT 59860 RE: Final Plat Extension Request Dotson 2-lot subdivision On July 30, 2014, the City of Polson received a $100 check from the Robin and Danielle Dotson, presumably as an extension of their two-lot preliminary plat approval. As there is no formal application for a preliminary plat extension request, and no other supporting documents were received, the receipt of the check acknowledges its intent. The preliminary plat of Lot 4, Skyline Homesites was unanimously approved in September of 2009 by the Polson City Commission. The proposal was to create two lots, each with an existing home on it. Both of the lots were to connect to Polson water and sewer. There are 25 conditions to meet before a final plat can be submitted. There was no parkland requirement, nor was there any infrastmcture requirements other than connecting the both of the homes to public water and sewer. Condition #3 of the preliminary plat approval reads: "This approval is valid for the subdivision Final plat to be completed within two years from the date of Preliminary approval. The Preliminary approval may be extended, by CC vote, for one additional year if the applicant requests an extension of time prior to the expiration date." As the preliminary plat was approved in September 2009, it would then expire, according to Condition #3 on September 2011. It is the staffs understanding that an extension request was submitted and granted, allowing the preliminary plat to have a new expiration date of September 21, 2014. This new extension request, if approved, would allow the preliminary plat to expire on September 21,2015. State law was amended in 2011 to allow for multiple extensions of preliminary plats to be considered whereby in previous years, only one extension request per preliminary plat was allowed. MeA 76-3 -610 Effect of approval of application and preliminary plat: (1) Upon approving or conditionally approving an application and preliminary plat, the governing body shall provide the subdivider with a dated and signed statement of approval. This approval must be in fo rce for not more than 3 calendar years or less than 1 calendar year. At the end of this period, the governing body may, at the request of the subdivider, extend its approval for a mutually agree-upon period of time. Any mutually agreed-upon extension must be in writing and dated and signed by the members of the governing body and the subdivider or subdivider's agent. The governing body may issue more than one extension. (2)Except as provided in 76-3-507, after the application and preliminary plat are approved, the governing body and its subdivisions may not impose any additional conditions as a prerequisite to final plat approval if the approval is obtained within the original or extended approval period as provided in subsection (1). As receipt of the check by the City of Polson was taken as an intent for a subdivision extension agreement, and the contract planning staff can find no required time period between when a request must be made and expiration occurs, (the check was received on July 30th and the plat did not expire until September 21 st ), therefore an extension request is placed before the City Commission for review. The lapse in time between when the check was received and the requested City Council action in November can be attributed to some confusion as to the applicant's intent when presenting the check to the City at the end of July, and some additional final plat documents that have been trickling in. It is the planning staffs intent to work with the applicant within the confines of State law and the PDC to allow him to continue his work towards a final plat application. Revoking the approval deadline would require the Dotson's start over with an entirely new preliminary plat application and process. In 1984, the Montana Supreme Court ruled in Oldenburg v. County of Flathead that a Commission or governing body may extend a preliminary plat after its expiration deadline has passed within a reasonable time. The City of Polson's Commissioners should be advised that the expiration date for the Dotson's plat is September 21 st , 2014 and that their consideration of the extension request on November 17th , 2014 is 57 days beyond that date. As a caveat to that, it was due to scheduling and other considerations beyond the applicant's control that has created the gap in time frames. In conversations with City staff and the applicant, there has been significant movement towards completion of the final plat, although it has not been submitted in its entirety at the time this report was written, it is anticipated that an application for final plat will be received in the near future. Compliance with State and local regulations: This extension request is found to be in compliance with the State statutes (MCA 76-3507) and the PDC. Staff Recommendation: This particular preliminary plat was the division of land with existing structures at the intersection of existing public roads. 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'IlCn<H ..... .>-•• !C0XloI .. (..Io. OJ" OAI(O M5--O.lrar_ __._ _ __ .J L SHUT • or , CITY OF POLSON CITY COMMISSION AGENDA ITEM SUMMARY Agenda Item Number: 10 (MOTION) Meeting Date: November 17,2014 Staff Contact: David Simons Jr. AGENDA ITEM SUMMARY: This Agenda Item requests City Commission to approve the ordinance to amend the City of Polson Building Codes. BACKGROUND: The City of Polson Building Department was created to inspect commercial and residential projects within the city limits. ANALYSIS: the City of Po lson is required to update codes to match those that have been adopted by the state of Montana's labor and industry building codes division. FINANCIAL CONSIDERATIONS: Total Cost - $ 0.00 STAFF RECOMMEND ATION: Approve ordinance as presented. SUGGESTED MOTION: I move that the City Commission adopt the ordinance to amend the City of Polson Building Codes. ATTACHMENTS: Ordinance No.: Ord # _ __ ORDINANCE TO AMEND THE CITY OF POLSON BUILDING CODES WHEREAS, the City of Polson has committed itself to the orderly growth and planning of the City and has chosen to inspect and permit residential and commercial construction and reconstruction; WHEREAS, the City is required by the State of Montana to adopt certain building codes for enforcement and permitting within its jurisdiction; WHEREAS, it appears in the best public interest that the Polson City Commission adopt the following codes, amendments to codes and administrative rules for the enforcement of its building inspection program; NOW, THEREFORE, BE IT ORDAINED, that the City of Polson AMENDS the following Ordinances: Sec. 15.03.250. National Electrical Code. The National Electrical Code, goog 2014 Edition, as provided by ARM 24.301.401 (or successor provision), is hereby adopted subject to amendment or modification under section 15.03.015. The National Electrical Code is a nationally recognized model code setting forth minimum standards and requirements for electrical installations. and adopts the current administrative rules therefor of the State of Montana. Sec. 15.01.050. International Existing Building Code. The International Existing Building Code (IEBC), 2009 2012 edition, as provided by ARM 24.301.171 (or successor provision) is hereby adopted subject to amendment or rnodification under section 15.01 .010. The International Existing Building Code may be used as an alternate prescriptive method for the rernodel, repair, alteration, change of occupancy, addition, and relocation of existing building. and adopts the current administrative rules therefor of the State of Montana. Sec. 15.01.060. International Fuel Gas Code. The International Fuel Gas Code, 2009 2012 Edition, as provided by ARM 24.301 .173 (or successor provision) and as published by the international code council, is hereby adopted subject to arnendment or modification under section 15.01 .010. The International Fuel Gas Code is a nationally recognized model code setting forth minimum standards and requirements for certain mechanical installations. and adopts the current administrative rules therefor of the State of Montana. Sec. 15.01.070. International Mechanical Code. The International Mechanical Code, (ICC version) aoo9 2012 Edition as provided by ARM 24.301.172 (or successor provision) is hereby adopted subject to amendment or modification under section 15.01.010. The International Mechanical Code, published by the International Code Council, is a nationally recognized model code setting forth minimum standards and requirements for certain mechanical installations. and adopts the current administrative rules therefor of the State of Montana. Sec. 15.01.030. International Building Code. The International Building Code, aoo9 2012 Edition, as provided by ARM 24.301.131 (or successor provision) is hereby adopted subject to amendment or rnodification under section 15.01.010. The International Building Code regulates the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the jurisdiction of the city; and provides for the issuance of permits and collection of fees therefor. The International Building Code is subject to any modifications as stated in ARM 24.301.146 (or successor provision). and adopts the current administrative rules therefor of the State of Montana. Sec. 15.01.040. International Residential Code. The International Residential Code (IRC), aooe 2012 Edition, as provided by ARM 24.301.154 (or successor provision) is hereby adopted subject to amendment or modification under section 15.01 .010. The IRC is a nationally recognized model code setting forth minimum standards and requirements for detached one or two family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height, and their accessory structures. and adopts the current administrative rules therefor of the State of Montana. Sec. 15.01.080. International Energy Conservation Code. The International Energy Conservation Code, aoo9 2012 edition, as provided by ARM 24.301.161 (or successor provision) is hereby adopted subject to amendment or modification by section 15.01.010. The Intemational Energy Conservation Code is a nationally recognized model code for energy efficient construction of buildings. and adopts the current administrative rules therefor of the State of Montana. Sec. 10.02.090. Uniform Plumbing Code. A. Adopted. The Uniform Plumbing Code, :ww 2012 edition as provided by ARM 24.301.301 (or successor provision), is hereby adopted subject to amendment or modification by section 10.01.010. The purpose of this code is to provide minimum requirements and standards for plumbing installations for the protection of the public health, safety and welfare. The Uniform Plumbing Code is a nationally recognized model code setting forth minimum standards and requirements for plumbing installations. B. Supplemental documents. To supplement the Uniform Plumbing Code, as modified by the state, the city adopts and incorporates by reference into the Polson Ordinances the amendments as set forth in the Administrative Rules of Montana at section 24.301.301 et seq. (Building Codes, Subchapter 3, Plumbing Requirements). and adopts the current administrative rules therefor of the State of Montana. BE IT FURTHER ORDAINED, that all Ordinances or parts of Ordinances in so far as the same may precede or conflict with the above code are hereby repealed and/or deleted. BE IT FURTHER ORDAINED, the City Clerk is hereby instructed to codify this Ordinance in the Book of Ordinances and to index the same as suggested. First Reading: __ayes _ _ nays ___,abstentions Second Reading: __ayes _ _nays ___abstentions Effective Date: Heather Knutson, Mayor Attest: Cora Pritt, Clerk Approved as to form and content: M. Richard Gebhardt, City Attorney CITY OF POLSON COMMISSION AGENDA ITEM SUMMARY /1 Agenda Item Number: Meeting Date: November 17.2014 Staff Contact: Mark Shrives. AGENDA ITEM SUMMARY: This Agenda Item requests City Commission adoption of Articles 1.2. 3. and 4 of the City of Polson Book of Ordinances. This will be the first reading of this Ordinance. Second Reading is scheduled for December 15. 2014. BACKGROUND: Several months ago it was proposed to review and recodify the City of Polson Municipal Code. Rather than rewrite the entire code and then adopt all of the code at one time. based on staff recommendation. the City Commission directed that we move forward with the recodification process and adopt the new code in pieces when completed. ANALYSIS: Articles I. 2. 3. and 4 were reviewed by the City Commission at a Work Session held on October 27. 20 14. Changes that were discussed at the Work Session have been incorporated. These Articles have been posted to the City website since the October 27"' meeting and a separate email address was set up and posted to the City website for any additional comments by City Commissioners or the public . None have been received. FINANCIAL CONSIDERATIONS: None STAFF RECOMMENDATION: Staff recommends approval of the I " reading of the Ordinance. SUGGESTED MOTION: I make a motion to approve the 1" reading of the ordinance adopting Articles 1, 2 3, and 4 of the City of Polson Book of Ordinances. ATTACHMENTS: I . Ordinance with Articles I. 2. 3 and 4 ORDINANCE Ord # _ __ AN ORDINANCE TO ADOPT ARTICLES 1, 2, 3, AND 4 OF THE CITY OF POLSON BOOK OF ORDINANCES WHEREAS, the City Commission of Polson has determined that it is in the best interests of the citizens of Polson to reestablish, rewrite and reauthorize the Ordiancnes of the City; WHEREAS, the Commission recognizes the most expeditious way of adopting such Ordinances is by adoption in a sequential manner over a term of months to give the Commission and the public time to review the material; WHEREAS, it appears in the best public interest that the following ordinances be adopted for the City of Polson; NOW, THEREFORE, BE IT ORDAINED by the City of Polson that the following Articles of the Ordinances of the City of Polson be adopted as attachments in full hereto: CHAPTER 1 GENERAL ADMINISTRATION ARTICLE 1. GENERAL PROVISIONS CHAPTER 2 ADMINISTRATION ARTICLE 1. GENERAL ARTICLE 2. CITY COMMISSION ARTICLE 3. OFFICERS AND EMPLOYEES The clerk is hereby instructed to codify this Ordinance and to place the same in the Book of Ordinances of the City of Polson. Date:--=-_,----_ First Reading: __ayes __nays __abstentions Date: _ _ __ Second Reading: __ayes __nays _ _ abstentions Effective Date: Heather Knutson, Mayor Attest: Cora E. Pritt, City Clerk CHAPTER 1 GENERAL ADMINISTRATION ARTICLE 1. GENERAL PROVISIONS Sec. 1.01.010. Title: citation: reference. Sec. 1.01.020. Provisions codified. Sec. 1.01.030. Definitions. Sec. 1.01.040. Interpretation of language. Sec. 1.01.050. Grammatical interpretation. Sec. 1.01.060. Reference applies to all amendments. Sec. 1.01.070. Chapter. article, division, subdivision and section headings. Sec. 1.01.080. Reference to specific ordinances. Sec. 1.01.090. Title of office. Sec. 1.01.100. Acts by agents. Sec. 1.01.110. Prohibited acts include causing and permitting. Sec. 1.01.120. Computation of time. Sec. 1.01.130. Construction. Sec. 1.01.140. Repeal shall not renew any ordinances. Sec. 1.01.150. Effect of Code on past actions and obligations. Sec. 1.01.160. Certain provisions saved from repeal. Sec. 1.01.170. Special ordinances. Sec. 1.01.180. Codification powers. Sec. 1.01.190. Supplementation of Code. Sec. 1.01.200. Constitutionality. Sec. 1.01.210. General penalty for Code violations. Sec. 1.01.220. Wards Sec. 1.01.230. City Limits Sec. 1.01.240. Lakeshore Lands Secs. 1.01.260·1.01.299 Reserved Sec. 1.01.010. Title; citation; reference. This Code shall be known as the "Polson Municipal Code" and it may be referred to as the Polson Municipal Code in any prosecution for the violation of any provision thereof or any proceeding at law or equity. Prosecutions for violations of the city's ordinances and actions based thereon shall refer to the sections of this Code as well as the underlying ordinance upon which the prosecution or action is based. Amendments to any ordinance or portions thereof of Polson, Montana, shall also refer to the Polson Municipal Code sections under which such ordinances are codified. Sec. 1.01.020. Provisions codified. This Code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city. Sec. 1.01 .030. Definitions. The following words and phrases, whenever used in the ordinances of the city and this Code, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Agencies. Any reference to any local, state or federal agency, shall include any successor agency. City. The term "city" means the City of Polson, Montana, or the area within the territorial limits of the City of Polson, Montana, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision. City commission. The term "city commission" means the city commission of the City of Polson. "All its members" or "all commissioners" means the total number of commissioners holding office. Code. The term "Code" means the "Polson Municipal Code," as designated in 1.01.010 County. The term "county" means the county of Lake. Law. The term "law' denotes applicable federal law, the constitution and statutes of the State of Montana, the ordinances of the City of Polson, and, when appropriate, any and all rules and regulations which may be promulgated thereunder, and including all amendatory or successor laws or rules. May. The term "may" is permissive. MCA. The abbreviation "MCA" shall mean the Montana Code Annotated, as hereafter amended, and any successor statute. Month. The term "month" means a calendar month. Must, shall. The terms "must" and "shall" are each mandatory. Oath. The term "oath" means and includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed." Owner. The term "owner," when applied to a building or land, means and includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land. Person. The term "person" means and includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of any of them. Personal property. The term "personal property" means and includes money, goods, chattels, things in action and evidences of debt. Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively. Property. The term "property" means and includes real and personal property. Real property. The term "real property" means and includes lands, tenements and hereditaments. Sidewalk. The term "sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians. State. The term "state" means the State of Montana. Street. The term "street" means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. Tenant, occupant. The terms "tenant" and "occupant," applied to a building or land, mean and include any person who occupies the whole or a part of such building or land, whether alone or with others. 22. 23. Written. The term "written" means and includes printed, type-written, mimeographed, multi-graphed, or otherwise reproduced in permanent visible form. . Year. The term "year" means a calendar year unless otherwise provided. Sec. 1.01.040. Interpretation of language. All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. Sec. 1.01 .050. Grammatical interpretation The following grammatical rules shall apply in the ordinances of the city and this Code, unless it is apparent from the context that a different construction is intended: 1. 2. 3. Gender. Each gender includes the masculine, feminine and neuter genders. Singular and plural. The singular number includes the plural and the plural includes the singular. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. Sec. 1.01.060. Reference applies to all amendments. Whenever a reference is made to this Code as the Polson Municipal Code or to any portion thereof, or to any ordinance of the city, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. Sec. 1.01.070. Chapter, article, division, subdivision and section headings. Chapter, article, division, subdivision and section headings contained in this Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any chapter, article, division, subdivision or section hereof. Sec. 1.01.080. Reference to specific ordinances. The provisions of this Code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code. Sec. 1.01.090. Title of office. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city. Sec. 1.01.100. Acts by agents. When an act is required by this Code or an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. Sec. 1.01.110. Prohibited acts include causing and permitting. Whenever in the ord inances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. Sec. 1.01.120. Computation of time. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. Sec. 1.01.130. Construction. The provisions of the ordinances of the city and all proceedings under them are to be construed with a view to affect their objects and to promote justice. Sec. 1.01.140. Repeal shall not renew any ordinances The repeal of an ordinance shall not repeal the repealing clause of an ordinance or renew any ordinance which has been repealed thereby. Sec. 1.01.150. Effect of Code on past actions and obligations. Neither the adoption of this Code nor the repeal or amendments hereby of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of this Code, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. Sec. 1.01.160. Certain provisions saved from repeal. Nothing in this Code or the ordinance adopting this Code shall repeal any of the following when not inconsistent with this Code: 1. Any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness, or any contract or obligation assumed by the city; 2. Any administrative ordinances or resolutions of the commission; 3. The annual tax levy; 4. Any right or franchise conferred by ordinance or resolution on any person or corporation; 5. Any ordinance relating to the city boundaries or the corporate limits; 6. Any ordinance annexing territory to the city; 7. Any ordinance naming, opening, accepting or vacating streets or alleys in the city; 8. Any ordinance relating to street, sidewalk, alley, sewer and other public improvements and assessments; 9. Any ordinance relating to zoning map amendments; 10. Any ordinance relating to schedules containing descriptions of restricted or prohibited parking areas and one-way streets; 11. Any ordinance relating to the establishment or designation of through streets or stop intersections or the turning or moving of vehicles; 12. Any ordinance relating to automatic grade crossing signals; 13. Any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this Code. Sec. 1.01.170. Special ordinances. All ordinances shall contain a specific codification instruction. The city attorney has discretion whether to codify special ordinances of restricted application, such as those providing for emergency or interim measures; bond issues; elections; the conveyance of real property; the granting, renewal, or extension of a franchise; annexations; street vacations and dedications; street and sidewalk improvements; and the repeal of other ordinances. Such ordinances, if not codified, shall be kept in a separate index by the city clerk. Sec. 1.01.180. Codification powers. The city attorney may change the wording of captions; rearrange sections and change reference numbers to agree with the renumbered chapters, sections or other parts; substitute the proper subsection, section, chapter or other division numbers; strike out figures or words that are merely repetitious; change capitalization and style for the purpose of uniformity; and correct manifest clerical or typographical errors. Sec. 1.01.190. Supplementation of Code. A. By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city commission. A supplement to the Code shall include .all substantive permanent and general parts of ordinances passed by the city commission during the period covered by the supplement and all changes made thereby in the Code, and shall also include all amendments to the Charter during the period. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. B. In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages. C. When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, non-substantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: 1. Organize the ordinance material into appropriate subdivisions; 2. 3. 4. 5. Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles; Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers; Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections to " (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and Make other non-substantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but, in no case, shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. Sec. 1.01.200. Constitutionality. If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The city commission declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this Code should be declared invalid or unconstitutional, then the original ordinance shall be in full force and effect. Sec. 1.01 .210. General penalty for Code violations. Unless otherwise specifically provided in the Polson Municipal Code, any person, firm or corporation, their agents or servants, who violates any of the provisions of the Polson Municipal Code may be charged with a misdemeanor and, upon conviction thereof, shall be punished by a fine in any sum not exceeding $500.00 or by imprisonment for a period not exceeding six months, or both such fine and imprisonment, and in addition shall pay all costs and expenses of the case. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Sec. 1.01.220. Wards. The city shall be divided into three wards, known as Ward No.1, Ward No.2 and Ward No. 3, as shall be established from time to time by the city commission, a description of which shall be on file in the office of the city clerk. Any real property annexed to the corporate limits of the city shall become a part of the ward to which such property lies adjacent, at the time of annexation thereto. Sec. 1.01.230. City Limits. The city limits are hereby defined to be as set forth on the official map of said city. Such map or plat depicting the said city limits as updated and maintained by the community development department. Said map is on file in the office of the clerk, and, by this specific reference, is made a part of this chapter. Sec. 1.01 .240. Lakeshore Lands The lakeshore lands lying between low water mark and high water mark and abutting upon the streets, alleys, or parks of the city shall be within the city limits and subject to the authority of the city and, where appropriate, the authority of the Confederated Salish and Kootenai Tribes, who shall regulate the public and private use of the same in accordance with the provisions of this code, State and Federal law. Secs. 1.01.250-1.01.299 Reserved CHAPTER 2. ADMINISTRATION ARTICLE 1. ARTICLE 2. ARTICLE 3. ARTICLE 4. ARTICLE 5. ARTICLE 6. ARTICLE 7. - IN GENERAL CITY COMMISSION OFFICERS AND EMPLOYEES DEPARTMENTS BOARDS AND COMMISSIONS FINANCE EMINENT DOMAIN ARTICLE 1. IN GENERAL Sec. 2.01.010. Corporate seal adopted. Secs. 2.01.120-2.02.099. Reserved Sec. 2.01.010. Corporate seal adopted. A seal of circular form, with the words "City of Polson, Lake County, Montana," on the edge of the circle, is hereby adopted and declared to be the corporate seal of the city of Polson, to be used in all cases in which a seal is necessary to be used by the municipal corporation. Secs. 2.01.120-2.02.099. Reserved ARTICLE 2. CITY COMMISSION Sec. 2.02.010. Oath of office. Sec. 2.02.020. Mayor and deputy mayor: powers and duties. Sec. 2.02.030. City clerk. Sec. 2.02.040. Parliamentary authority. Sec. 2.02.050. Meeting agendas. Sec. 2.02.060. Call to order. Sec. 2.02.070. Meetings. Sec. 2.02.080. Order of presentation/public participation. Sec. 2.02.090. Quorum and voting . Sec. 2.02.100. Rules of debate; reconsideration; conflict of interest. Sec. 2.02.110. Open meetings and email. Sec. 2.02.120. Decorum. Sec. 2.02.130. Recording of meetings and minutes: televising of meetings. Sec. 2.02.140. Ordinances and resolutions; requirements . Sec. 2.02.150. Salaries for mayor and commissioners. Sec. 2.02.160. Standing boards. commissions. agencies and committees. Secs. 2.02.170-2.02.199. Reserved Sec. 2.02.010. Oath of office. Every person elected commissioner shall, within ten days thereafter, file with the city clerk an oath of office which the clerk shall then file with the county clerk and recorder. Sec. 2.02.020. Mayor; powers and duties. The presiding officer of the commission shall be the mayor. During the absence of the mayor, the acting chairperson shall discharge the duties and exercise the powers and authority of the mayor. The acting chairperson shall be elected by the commission at the first meeting of the commission in January of each year. The presiding officer shall preserve strict order and decorum at all meetings of the commission and confine members in debates to the question under consideration. The presiding officer may assign each commissioner to a seat at the commission table as the presiding officer deems advisable. Upon passing the gavel, the presiding officer may move or second any item of business then before the commission. The presiding officer shall state, or cause to be stated, every motion coming before the commission, announce the decision of the commission on all subjects, and decide all questions of order, subject, however, to an appeal to the commission, in which event a majority vote of the commission shall govern and conclusively determine such question of order. The presiding officer shall vote on all questions with the presiding officer's name being called last. The mayor shall sign all ordinances and resolutions adopted by the commission. In the event of the absence of the mayor, the acting chairman shall sign ordinances or resolutions as then adopted. Sec. 2.02.030. City clerk. The city clerk shall, pursuant to section 2.02.130, record all meetings of the commission and shall create minutes of the proceedings of the commission and shall maintain all files and records, including the record of all ordinances and resolutions, and perform such other duties as may be required by ordinance or resolution or order of the commission, and the city clerk shall be the custodian of the corporate seal of the city. Sec. 2.02.040. Parliamentary authority. Unless otherwise specifically provided herein or provided by statute, all meetings and hearings of the commission shall be conducted in accordance with this article. In all cases not covered by this article, the controlling parliamentary authority shall be the latest edition of Robert's Rules of Order, Newly Revised. Sec. 2.02.050. Meeting agendas. A. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the commission shall be submitted to the city clerk no later than 12:01 p.m. on the Monday immediately preceding the next scheduled commiss ion meeting; provided, however, the city manager may approve late submittals deemed to be in the city's best interest, but only if the items are provided to the commission and made available to the public at least 48 hours prior to the scheduled meeting time, excepting items of an emergency nature. The city manager shall arrange a list of such matters according to the order of business specified herein, and furnish each member of the commission, the city manager, city attorney and the public through the city's website with a copy of the agenda and all supporting information no later than 96 hours immediately preceding the commission meeting for which that item has been scheduled. Copies of the agenda shall be available from the city clerk and one copy shall be posted at the designated posting board in the city hall for public viewing and made available on the city's website. Pursuant to MCA 7-1 -4135, the city commission designates as its official posting place the posting board in the lobby of city hall located at 106 First Street East, Polson, Montana. 2 B. The city manager shall prepare the commission regular meeting agenda and shall consult with the mayor in preparing the agenda. The mayor or any three commissioners may add to or remove an item from the agenda. The agenda shall be in substantially the following form: 1. 2. 3. 4. 5. 6. 7. 8. 9. Call to Order Pledge of Allegiance Changes to the order of agenda (if required) General Public Comment Consent items including approval of minutes (consent items are those which staff considers no discussion is necessary, including resolutions and final subdivision plats. However, at the beginning of each meeting, any commissioner may request items be removed from the consent agenda for the purpose of discussion. Manager's Report and staff reports (if required). Special presentations (if required) Action Items (Public hearings will allow for additional formal public comment as directed by the presiding officer) Adjournment The order of the above may be adjusted by the presiding officer. When holding a public meeting, the presiding officer shall call an agenda item to the floor in the following manner: A. request an affirmative motion and second be made in order for the item to be discussed; B. call for preliminary commission discussion; C. close such discussion; D. call for public comment; E. close the public comment; F. call for final commission discussion; and G. call for a vote upon the motion. It shall be within the presiding officer's discretion to vary from the above. member(s) may call upon the presiding officer to vary the process as needed. A commission Sec. 2.02.060. Call to order. The mayor, or in the mayor's absence, the acting chairman, shall take the chair precisely at the hour appointed for the meeting and shall immediately call the commission to order. Upon the arrival of the mayor, the acting chairman shall relinquish the chair upon the conclusion of the agenda item immediately pending before the commission. The city clerk shall enter the names of those commissioners present in the minutes. 3 Sec. 2.02.070. Meetings. A. Generallregular meetings. 1. 2. 3. 4. B. The city commission shall hold a regular meeting on the first and third Mondays of every month. The commission shall meet in regular session from 6:00 p.m. to no later than 10:00 p.m. in the City Commission Chambers, City Hall, 106 First Street East, or in an alternative location as duly noticed to the public. However, when the day affixed for any regular meeting of the commission falls upon a day designated by law as a legal or national holiday, such meeting may be scheduled at the same hour on the next succeeding Wednesday not a holiday or the meeting may be canceled by the commission. The meeting may be extended beyond the time specified in subsection A.1 of this section by the mayor or a majority vote of the members of the commission should additional matters remain on the commission agenda. Any meeting of the commission may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular or specially scheduled meeting. The rnayor may cancel a regular meeting if no business is scheduled for that meeting. Public hearings. 1. 2. Public hearings are meetings of the commission required to be held as a public hearing pursuant to law. The provisions of subsection A of this section apply to public hearings. Unless prohibited by law, a public hearing may be rescheduled or adjourned to a later date and time. C. Executive sessions. Executive sessions are meetings of the commission with the purpose to discuss litigation strategy, a matter of individual privacy, or other matters wherein a meeting may be closed pursuant to law and will be scheduled as needed. Although each executive session will commence as an open public meeting, executive sessions may be closed to the public pursuant to authority and limitations in MCA 2-3-201 et seq. An executive session may be called at any time during any meeting if authorized by law and as defined further hereafter. D. Work or policy sessions. Work or policy sessions are meetings of the commission to review forthcoming issues of import to the city and programs of the city, receive progress reports on current programs or projects, view sites or community projects of interest, or receive other similar information from the city manager and staff. All discussions and conclusions thereon shall be informal and no final action may be taken, but the commission may give direction to staff regarding items to be scheduled for a future action. Work or policy sessions provide an informal setting for discussion of topics for which no formal action is immediately required . Although it is not legally required, the commission may in its discretion, allow public comment during the work or policy session and such sessions mayor may not be tape recorded in the discretion of the presiding 4 officer. The commission work or policy sessions may be scheduled as needed and may be held during a regular meeting. The commission is not bound by Robert's Rules of Order during work or policy sessions. E. Optional post mortem reviews. Post mortem review is a review by the commission of a previous decision but is not a reconsideration of a previous item. Following action on any matter, the commission may request a post mortem review to be scheduled at a subsequent meeting to determine if revisions to code provisions or other procedural changes are needed to address concerns raised during consideration of the particular agenda item. The commission is not bound by Robert's Rules of Order during optional post mortem reviews. F. Special meetings. The mayor, any two members of the commission, or the city manager may call special meetings of the commission, upon at least 48 hours' notice to each member of the commission and give notice to the public by, at a minimum, posting an agenda on the city's website and at the City's posting site. G. Emergency meetings. In the event of an emergency situation, to be included but not limited to storm, fire, explosion, community disaster, insurrection, act of God, or other potential destruction or impairment of city property or business that affects the health and safety of the residents, employees or the functions of the city, a meeting may be convened by a majority of the commission directing the city manager to schedule a meeting without adhering to 48-hour time limit. The city clerk shall use reasonable efforts to inform the public of the emergency meeting. H. Commission Committee meetings. All meetings of commission committees shall be held upon at least 48 hours' notice to each member of the committee and notice shall be given to the public by posting notice of the meeting and the committee's agenda as stated above for special meetings. Sec. 2.02.080. Order of presentation/public participation. A. Subject to the protocol established by Sec. 2.02.050(8), the order of presentation of public meeting agenda items presented to the commission shall be as follows: 1. 2. 3. 4. 5. 6. 7. The city manager shall present an agenda item to the commission. The city staff may present a background report on the matter for discussion. Upon conclusion of a staff report, commissioners may ask questions of staff for the purposes of understanding and clarification. If applicable, comments from the applicant, or his agent, shall be heard by the commission. The applicant's presentation/testimony is limited, subject to the discretion of the presiding officer, to ten minutes. After being recognized by the presiding officer, a commissioner may direct questions to the staff or applicant. After being recognized by the presiding officer, a commissioner may direct questions to any person so testifying for purposes of clarification. Staff shall be given the opportunity to further comment on the issue. The city clerk shall enter into the record all correspondence that has been received but was not yet provided to the commission. 5 8. B. The commission may continue the discussion to a date certain, close discussion and vote on the matter, or close the discussion and continue the vote to a date certain. The order of presentation of public hearing agenda items presented to the commission shall be as follows: 1. 2. 3. The city manager shall present an agenda item to the commission. The presiding officer will open the public hearing by pronouncement. The city staff may present a background report on the matter for discussion. Upon conclusion of a staff report, commissioners may ask questions of staff for the purposes of understanding and clarification. 4. If applicable, comments from the applicant, or his agent, shall be heard by the commission. The applicant's presentation/testimony is limited, subject to the discretion of the presiding officer, to ten minutes. 5. After being recognized by the presiding officer, a commissioner may direct questions to the staff or applicant. 6. Members of the audience or their agents shall be invited to present testimony or evidence. To be recognized, each person desiring to give testimony or evidence shall step to the podium and, after being recognized, give their name and address for the record. The audience presentation/testimony is limited to three minutes per speaker. The presiding officer may lengthen or shorten the time allotted for public testimony. 7. After being recognized by the presiding officer, a commissioner may direct questions to any person so testifying for purposes of clarification. 8. Following public testimony, staff shall be given the opportunity to comment on any testimony or other evidence. 9. Following staff comment, the applicant will be given the opportunity to rebut or comment on any testimony or other evidence. The applicant's comments and rebuttal are limited, subject to the discretion of the presiding officer, to five minutes. 10. Following applicant rebuttal and any further questions, the presiding officer will close the hearing and bring the agenda item to the dais for discussion, motion and vote. 11. The city clerk shall enter into the record all correspondence that has been received but was not yet provided to the commission. 12. The commission may continue the discussion to a date certain, close discussion and vote on the matter, or close the discussion and continue the vote to a date certain. c. All testimony and evidence shall be directed to the presiding officer. No person, other than a commissioner and the person recognized as having the floor shall be permitted to enter into the discussion. No questions shall be asked of a commissioner except through the presiding officer. D. The commission may ask staff for its recommendation. E. If a public hearing, in the event the applicant does not appear at the scheduled time and place, unless the applicant has waived the applicant's appearance in writing, and which waiver has been accepted by the commission, or unless the 6 matter is submitted as a consent item, the matter shall be continued to the next available regular meeting, public hearing date, or other date certain. F. Commissioners are urged to state the reasons for their decisions, particularly on land use issues. The record must reflect findings regarding legal criteria for all quasi-judicial decisions. G. Witnesses may be required to testify under oath. H. The commission shall not be bound by the strict rules of evidence and may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence. I. The presiding officer shall rule on all questions relating to the admissibility of evidence with advice from the city attorney, which ruling may be overruled by a majority vote of the commission. J. A public hearing which has been formally closed for all public input may not be reopened and no additional evidence or testimony from the public shall be received or considered except as provided herein. If additional information is required from the public before a decision can be made, the commission, upon motion duly made, seconded and passed, may call for an additional public hearing which hearing shall be noticed as required by law, specifying date, time place and subject matter of hearing. This subsection does not preclude the commission, after the public hearing, from asking questions of staff, receiving additional evidence from staff or, after a hearing held on a preliminary plat, pursuant to MCA 76-3-101 et seq., from consulting the subdivider about conditions or other mitigation required of the subdivider. Upon decision by the presiding officer or upon a duly adopted motion of the commission to reopen the public hearing prior to close of the agenda item in which the hearing was held, the requirement to provide public notice does not apply; the public hearing may be reopened and the additional input provided prior to a final decision on the item. Sec. 2.02.090. Quorum and voting A quorum shall consist of four commissioners. If a quorum is not present, those in attendance shall be named and shall adjourn to a later time. The city clerk or city manager shall reduce motions to writing and, upon request; the city clerk shall read the motion prior to the vote. The majority vote of a quorum shall be necessary to adopt or reject any motion, resolution or ordinance, or pass or fail any measure unless a greater number may be required by law. Upon every vote, the ayes and nays shall be called and recorded. A commissioner has an obligation to vote unless there is a conflict of interest. In the event of a tie vote a commissioner is required to vote after disclosing the conflict of interest pursuant to section 2.02.1 OO.E. Sec. 2.02.100. Rules of debate; reconsideration; conflict of interest. A. Every commissioner deSiring to speak shall address the presiding officer, and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoiding all personalities and indecorous language. 7 B. A commissioner, once recognized, shall not be interrupted when speaking unless the commissioner is to be called to order, or as herein otherwise provided. If a commissioner, while speaking, is called to order, the commissioner shall cease speaking until the question of order is determined, and, if in order, the commissioner shall be permitted to proceed. C. Order of rotation in matters of debate or discussion shall be at the discretion of the presiding officer. D. Reconsideration of previous commission action. A motion to reconsider any action taken by the commission must be made on the day such action was taken. It must be made either immediately during the same session, or at a recessed and reconvened session thereof. Such motion shall be made by a commissioner of the prevailing side, but may be seconded by any commissioner, and may be made at any time and have precedence over all other motions or while a commissioner has the floor. It shall be debatable. Nothing herein shall be construed to prevent any commissioner from making or remaking the same or any other motion at a subsequent meeting of the commission, but the matter must be duly scheduled as an agenda item. E. Conflict of interest. A commissioner may rely upon the advice of the city attomey as to whether the commissioner has a conflict of interest pursuant to law. If the commissioner is advised there is a conflict of interest, the commissioner shall recuse himself or herself, step off the dais, and refrain from discussion and vote except when the commissioner's participation is necessary to obtain a quorum or otherwise enable the commission to act. In such a case, the commissioner shall disclose the interest creating the appearance of impropriety and comply with the disclosure requirements of MCA 2-2-101 et seq., prior to performing the official act. F. After a motion, duly made and seconded, by the commission , no person shall address the commission without first securing the permission of the presiding officer. Sec. 2.02.110. Open meetings and email. A. Except for properly called executive sessions as permitted by state law, all meetings of the city commission shall be open to the public and media, freely subject to recording by radio, video, television and photography at any time, provided that such arrangements do not interfere with safety and the orderly conduct of the meetings. B. A majority of the commission shall not conduct synchronized email discussions involving a matter over which the commission has supervision, control, jurisdiction, or advisory power. Synchronized email discussions are email exchanges among three or more commissioners within minutes of each other that create the quality of simultaneity similar to instant messaging or chat room discussions. Such discussions are characterized as an active exchange of information rather than the passive receipt of information. An example of synchronized email discussion would be three commissioners Sitting at their computers and instantly exchanging emails conceming city business, whereas a 8 passive receipt of information is where a comm issioner receives an email and responds in the normal course of time similar to responding by letter received in the mail. The commission shall not view emails or other electronic communication mechanisms conceming any matter on the agenda during a city comm ission meeting unless the submission is part of a specifically approved and adopted electronic public testimony program. Electronic communication mechanisms include text messaging or any other emerging technology that violates the spirit of open meeting laws. This does not preclude viewing emails or electronic communication mechanisms that were received prior to the commission meeting. Emails received by commissioners concern ing an agenda item shall be forwarded to the city clerk and retained in accordance with the city's retention policy. Sec. 2.02.120. Decorum. A. While the commission is in a session, the commissioners must preserve order and decorum, and a commissioner shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the commission nor disturb any member while speaking or refuse to obey the orders of the commission or its presiding officer. B. Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the commission may be barred from further audience with the commission by the presiding officer, unless permission to contin ue be granted by a majority vote of the commission. c. The commission shall not debate, in a heated or argumentative manner, with a member of the public or another member of the commission or staff while participating in the presentation at a meeting. D. Speakers shall only address the agenda item before the commission. Any person speaking on an agenda item not before the commission may be called out of order. Sec. 2.02.130. Recording of meetings and minutes. A. Minutes of all meetings shall be recorded. All meetings of the commission shall be electronically recorded and the recording shall constitute the official record of the commission meeting. The city clerk shall prepare a summary of all meetings from the recording to be known as the "action minutes" which shall be maintained by the clerk and approved by the commission. Prior to adjournment, the presiding officer, or upon motion and approval by the commission instruct the clerk to prepare complete minutes of any agenda item(s). It shall not be necessary to formally read the minutes prior to approval. Such minutes may be revised by the city clerk to correct spelling, numbering and other technical defects. The audio or video recording may not be amended. B. Executive session minutes. The city manager shall prepare minutes for all executive meetings. The commission shall approve the minutes of an executive session in open session thereafter; provided, however, that any discussion concerning the contents of the minutes, prior to approval, shall be conducted in 9 executive session. The city clerk will distribute the draft executive session minutes to the commission in a manner that ensures and retains confidentiality. All copies of the minutes shall be collected by the city manager to ensure confidentiality. Sec. 2.02.140. Ordinances and resolutions; requirements. A. Each proposed ordinance or resolution shall be introduced in writing and shall not contain more than one comprehensive subject, which shall be clearly stated in its title, except ordinances for the codification and revision of ordinances and general appropriation ordinances which may contain the various subjects and accounts for which monies are to be appropriated. An ordinance must be adopted at two meetings of the commission not less than 12 days apart. Every ordinance or resolution passed by the commission shall be filed immediately with the city clerk. The enacting clause of all ordinances passed by the city commission shall be: "BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY POLSON." B. All ordinances shall be in effect from, and after, 30 days from the date of their passage by the commission, except as otherwise provided by law. All resolutions are immediately effective unless a delayed effective date is specified in the resolution. c. The commission may, by an affirmative vote of five-sevenths of its members, pass emergency measures to take effect at the time indicated therein. An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health, or safety, or providing for the usual daily operation of a municipal department, in which the emergency is set forth and defined in a preamble thereto. D. Every ordinance or resolution passed by the commission shall be signed by the mayor and filed by the city clerk. E. After a resolution is adopted, an ordinance is provisionally adopted, or an ordinance is finally adopted, the city clerk shall make a copy available to the public through the city's website. Sec. 2.02.150. Salaries for mayor and commissioners. The salary of each commissioner shall be established by ordinance. Sec. 2.02.160. Standing boards, commissions, agencies and committees. A. In addition to boards, agencies, committees, and commissions established by law, the commission may create other standing or ad hoc boards, commissions, agencies, or committees as determined necessary for the conduct of the city's business. B. All boards, commissions and agencies of the city will be established by the commission and members thereof, appOinted following a public solicitation. Between public solicitations for members, appOintments may be made to fill 10 unexpected vacancies or vacancies not filled through the last round of advertisements from those applications on file as of the date of appointment. Subcommittees of existing boards, comm issions or committees may be appointed by the city comm ission without the necessity of public solicitation. Members shall be appointed by a majority of the commission for all appointments made by the city commission. In the case of statutorily authorized mayoral appointments, the mayor shall seek the concurrence of at least two other commissioners. C. The authority to vote despite a conflict included in section 2.02.100.E shall not apply to any appointed board, commission, agency, or committee. D. All quasi-judicial boards shall have governing rules of procedure to be approved by the commission, and said rules shall be in substantial conformance with law and this article. Secs. 2.02.170-2.02.199. Reserved ARTICLE 3. OFFICERS AND EMPLOYEES DIVISION DIVISION DIVISION DIVISION 1. 2_ 3. 4. GENERALLY CITY MANAGER CITY CLERK CITY ATTORNEY DIVISION 1. GENERALLY Secs. 2.03.100-2.03.199. Reserved. Secs. 2.03.100-2.03.199. Reserved. DIVISION 2. CITY MANAGER Sec. 2.03.200. Appointment: powers and duties. Sec. 2.03.210. Compensation: oath of office. Sec. 2.03.220. Assistant city manager. Secs. 2.03.230-2.03.299. Reserved. Sec. 2.03.200. Appointment; powers and duties. The city adheres to the commissioner-manager form of government, combining the political leadership of the mayor and commission with the professional management capabilities of the city manager. The city manager, oversees the city's day-to-day operations as chief executive officer of its departments and its employees. The commission shall appoint a city manager by written contract, who shall be the administrative head of the city government and be responsible for the efficient administration of all its departments. The city manager shall hold office at the will of the commission for a period of no greater than two years unless specifically extended or renewed by a majority vote of the city commission. 11 Generally, the manager prepares and executes the annual budget; implements the council's policy decisions; guides the delivery of services to the community; provides vision and leadership to the organization; oversees enforcement of all city ordinances, resolutions, contracts, rules, and regulations and hires, recruits, and supervises municipal employees. In addition the manager shall perform the following: A. Duties. The manager shall: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Enforce laws, the city charter, and resolutions; Perform the duties required by the city charter, ordinance, or resolution; Administer the affairs of the city government; Direct, supervise, and administer all departrnents, agencies, and offices of the city except as otherwise provided by law, the city charter or ordinance; Carry out policies established by the comrnission; Prepare the commission agenda; Recommend measures to the commission; Report to the commission on the affairs and financial condition of the city government; Execute bonds, notes, contracts, and written obligations of the commission, subject to the approval of the commission; Report to the commission as the commission may require; Attend commission meetings and may take part in the discussion, but may not vote; Prepare and present the budget to the commission for its approval and execute the budget adopted by the commission; Appoint, suspend, and remove all employees of the city except as otherwise provided by law or ordinance; and Appoint members of temporary advisory committees established by the manager. B. Direct Supervision. The City Manager is responsible, through his office, to directly supervise the management personnel of the city and manage finance, human resources, and facilities. C. Administrative Duties. Employees appointed by the city manager and their subordinates shall be administratively responsible to the city manager. Neither the commission nor any of its members may dictate the appointment or removal of any employee whom the manager or any subordinates are empowered to appoint. Except for the purpose of inquiry or investigation under the city charter, the commission or its members shall deal with the city employees who are subject to the direction and supervision of the manager solely through the manager, and neither the commission nor its members may give orders to any such employees, either publicly or privately. The city manager is authorized to promulgate administrative orders within the areas of powers and duties conferred by the Charter and this Code. Sec. 2.03.210. Compensation; oath of office. The city manager shall receive such salary as may be fixed by the commission. Before entering upon the duties of office, the city manager shall take and subscribe to the oath of office, and such oath shall be filed with the clerk thereof. 12 Sec. 2.03.220. Assistant city manager. In the absence of the city manager, the city manager shall appoint an assistant city manager who shall serve as acting city manager. The assistant city manager shall perform such other duties by direction of the city manager or as required by law. Secs. 2.03.230-2.03.299. Reserved. DIVISION 3. CITY CLERK Sec. 2.03.300. Appointment: powers and duties. Sec. 2.03.310. Oath. Secs. 2.03.330-2.03.399. Reserved. Sec. 2.03.300. Appointment; powers and duties. A. The city clerk shall be appointed by the city manager and shall serve until removed by the city manager, or until a successor is appointed and qualified. B. Powers and duties of the city clerk shall include: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. C. Attend all meetings of the commission and record and sign the proceedings thereof. Keep records of the commission. Maintain and preserve the minutes and records of the proceedings of the commission in accordance with state statutes, ordinances and resolutions. Enter into a book all ordinances and resolutions passed and adopted by the commission and be the legal custodian of the same. Maintain all contracts passed, adopted or entered into by the city. Countersign and cause to be posted or published, as provided by state statute, all ordinances or resolutions adopted by the commission. Publish all legal notices as required by state statute or ordinance. Take and administer oaths. Make and certify copies of all records, books and papers in the possession of the office. Make and keep a complete index of the minutes, ordinances and resolutions on file in the office. Post meeting notices. Cause notices of special meetings of the city commission to be posted in accordance with state statutes, ordinances or resolutions. Maintain the city seal. Have custody of the seal of the city and affix it to such documents as may be required and authorized pursuant to law. Records manager. Serve as the city's records manager, ensuring that all records of the city are retained and maintained in accordance with state statutes and adopted records retention schedules. Perform such other duties as may be required by ordinance or resolution or by order of the city manager. The city clerk shall receive such salary as may be fixed by the city manager. 13 Sec. 2.03.310. Oath. Before entering upon the duties of the office, the city clerk shall take and subscribe to the oath of office. Secs. 2.03.330-2.03.450. Reserved. DIVISION 4. CITY ATTORNEY Sec. 2.03.400. AppOintment: powers and duties. Secs. 2.03.410-2.03.499. Reserved. Sec. 2.03.400. AppOintment: powers and duties. There shall be a chief legal officer of the city, who shall be called the city attorney. The city attorney shall be appointed by the city manager with the consent of the commission . The city attorney shall serve as legal advisor to the city commission, the city manager, and all city departments, offices and agencies. The city attorney shall be appointed by written contract that specifies the duties and responsibilities, conditions of employment and compensation. Such contract shall not exceed two years in duration unless extended or renewed by the commission. The city attorney shall be supervised by the city manager and shall have the status of a department head, except that he or she may not be removed or suspended by the city manager without the consent of the commission. Secs. 2.03.410-2.03.499. Reserved. 14
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