City Council Agenda

CITY COUNCIL WORK SESSION AGENDA August 26, 2019, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER B. DISCUSSION ITEMS 1. City-County Health Department Budget Discussion 2. Updating Portions of City Regulations regarding Parking Vehicles on Sidewalks, Lodging in Motor Vehicles in the Public Right-of-Way, and the Disposal of Unclaimed Personal Property C. PUBLIC COMMENT Persons wishing to address the council are asked to do so at this time. Those addressing the council are requested to give their name and address for the record. Please limit comments to three minutes. D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS E. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION City Offices Closed – September 2, 2019 – Labor Day Next Regular Meeting – TUESDAY, September 3, 2019, at 7:00 p.m. – Council Chambers Next Work Session – September 9, 2019, at 7:00 p.m. – Council Chambers Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify the City Clerk at 758-7756. Page 1 of 1  City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 MEMORANDUM To: Mayor Johnson and City Council From: Doug Russell, City Manager Re: FY2020 City/County Health Department Budget Meeting Date: August 26, 2019 BACKGROUND: At the August 19, 2019, regular meeting, the City Council tabled the resolution authorizing the mill levy of 5.99 for the City/County Health department; requesting further information from the Health Department based on the increased dollar amount being requested from the City of Kalispell. Attached to this memo are the materials from the agenda item on the 19th and supporting materials from the Health Department related to their operations and the budget request. RECOMMENDATION: It is recommended that the City Council review and discuss the budget request in anticipation of an action at the next regular meeting on September 3. ATTACHMENTS: - Memo and Resolution from August 19 - Supporting materials from the Health Department  City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7000 Fax - (406) 758-7758 REPORT TO: Doug Russell, City Manager FROM: Rick Wills, Finance Director SUBJECT: FY 2020 City - County Health Levy MEETING DATE: August 19, 2019 BACKGROUND: The County is requesting a levy of 5.99 mills for the City-County Health Department. This levy is up from FY19’s levy of 4.9 and represents an overall increase of approximately $72,000. This levy will be collected and administered by the County Treasurer. The Director of the City-County Health Department has been invited to the meeting to answer any questions Council may have. RECOMMENDATION: It is recommended the City Council approve Resolution 5941, a resolution making the annual tax levies for the City of Kalispell contribution for the City of Kalispell – Flathead County Health Department, for the fiscal year 2019-2020. FISCAL EFFECTS: The City of Kalispell’s contribution amounts to approximately $282,285. ATTACHMENTS: Resolution 5941, City-County Health Department Levy Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5941 A RESOLUTION MAKING THE ANNUAL TAX LEVIES FOR THE CITY OF KALISPELL CONTRIBUTION FOR THE CITY OF KALISPELL – FLATHEAD COUNTY HEALTH DEPARTMENT, FOR THE FISCAL YEAR 2019-2020. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That there is hereby levied upon each and every dollar of the taxable valuation of the City of Kalispell, Montana, for the fiscal year 2019-2020, the following levy (funds to be collected and administered by Flathead County): CITY - COUNTY HEALTH DEPARTMENT 5.99 MILLS PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 19TH DAY OF AUGUST, 2019. ______________________________ Mark Johnson Mayor ATTEST: __________________________ Aimee Brunckhorst, CMC City Clerk  Community Health Services Flathead City-County Health Department 751-8110 FAX 751-8111 Environmental Health Services 1035 First Ave. West Kalispell, MT 59901 751-8130 FAX 751-8131 (406) 751-8101 FAX 751-8102 Family Planning Services 751-8150 FAX 751-8151 www.flatheadhealth.org Home Health Services 751-6800 FAX 751-6807 WIC Services 751-8170 FAX 751-8171 Animal Shelter 752-1310 FAX 752-1546 August 21, 2019 Honorable Mayor Mark Johnson Members of Kalispell City Council PO Box 1997 Kalispell, MT 59903 Dear Mayor and Council, Thank you for the opportunity to share more information with you about the Flathead City- County Health Department, our programs and our budget. Attached to this letter you will find the following documents: • Organizational Chart • List of Board of Health Members • Description of our programs • Fiscal Year 2020 proposed budget o Total Flathead City-County Health Department budget o FY20 Health Fund budget overview o FY16- FY20 Health Fund yearly budget comparison o FY20 Health Fund budget by division o FY19 Health Fund budget by division o Historical mill levy request We look forward to speaking with you on Monday and answering any questions. Sincerely, Hillary Hanson MS, MPH, CPH Health Officer Providing quality public health services to ensure the conditions for a healthy community.  FLATHEAD CITY-COUNTY HEALTH DEPARTMENT Organizational Chart BOARD OF HEALTH FCHC BOARD Legal Advisor Health Officer Medical Advisor David Randall, JD Hillary Hanson, MPH, MS, CPH David Habel, MD Deputy Health Officer Kerry Nuckles, MPH Hillary Hanson, MPH, MS, CPH Community Health Center Community Health Services Animal Shelter Home Health Executive Director Kerry Nuckles, MPH Cliff Bennett Paradigm Division Director Management Environmental Maternal Child Health Promotion Dog/Cat Registered Infectious Disease Health Health Women, Infant & Administration Jen Rankosky,MPH Sheltering Nurses Prevention & Christine Hughes Holly Jordt, RN Children Coordinator Control Manager Supervisor Jeannine Lund RD Lisa Dennison RN Supervisor Dog Physical Supervisor Zero to Five Food & Cancer Control Licensing Therapists Consumer Safety MCH Communicable WIC Public Health Emergency Sewage Spays/ Occupational Disease Accreditation Preparedness Treatment Neuters Therapists Public Health Systems Home Visiting Nutrition Fiscal & Human Education Tobacco Ambient Air Resources Speech Immunization Quality Therapists Asthma DUI Task Force Subdivision School/Daycare Medical CHNA/CHIP Review Inspection Social Suicide Workers Flathead Prevention Mosquito Control Forward Sharps Trauma- Informed Care Buckle-Up  FLATHEAD CITY-COUNTY BOARD OF HEALTH 3 YEAR TERMS TONYA BUXTON - HEALTH DEPT TERM ZIP FIRST NAME LAST NAME REPRESENTING ADDRESS CITY PHONE E-MAIL ADDRESS EXPIRATION CODE INDEFINITE PAMELA HOLMQUIST COUNTY COMMISSIONER 800 S MAIN, ROOM 302 KALISPELL 59901 758-5508 PHOLMQUIST@FLATHEAD.MT.GOV APPOINTED 12/31/2019 DR. WAYNE MILLER 1200 OLD TIMBER TRAIL KALISPELL 59901 756-0715 WAMMONTANA@HOTMAIL.COM APPOINTED 387-4440 12/31/2019 P. DAVID MYEROWITZ 297 APGAR VIEW COL. FALLS 59912 DRPDMMD@GMAIL.COM 250-4147 862-0309 APPOINTED 12/31/2021 WILLIAM BURG 1078 CREEKWOOD DR WHITEFISH 59937 818-324- BURGS.SKI@BRESNAN.NET 6114 APPOINTED 892-5149 12/31/2021 MICHAEL NICOSIA, PhD BOX 2241 COL. FALLS 59912 NICOSIA@CENTURYTEL.NET 253-8171 APPOINTED 12/31/2021 RONALEE SKEES BOX 9134 KALISPELL 59904 890-4080 RONALEESKEES@GMAIL.COM ST JAMES APPOINTED 12/31/2021 TAMALEE 316 EAGLE BEND DR BIGFORK 59911 598-5294 TAMALEE@BRESNAN.NET ROBINSON 12/31/2020 ROGER NOBLE APPOINTED BOX 7667 KALISPELL 59904 756-2550 ROGER@APPLIEDWATER.NET CITY C/O CITY OF KALISPELL KYLE WATERMAN CITY APPOINTED KALISPELL 59903 871-4885 KWATERMAN@KALISPELL.COM APPOINTED PO BOX 1997 UPDATED 1/17/19 BACKGROUND The Flathead City-County Health Department is a nationally accredited local health department providing quality public health services to ensure the conditions for a healthy. The Health Department provides public health services in five divisions. These divisions are Health Administration, Community Health Services, Environmental Health Services (with Mosquito Control), Family Planning and HIV Services, and Health Promotion. The Health Department also oversees the Flathead County Animal Shelter and Flathead Choice Home Health and has a co-applicant agreement with the Flathead Community Health Center. Each of the divisions within the Health Department provides reduced cost, culturally sensitive, and professional services to meet the diverse needs of the community. MISSION Providing quality public health services to ensure the conditions for a health community. VISION Healthy People in a Healthy Community DIVISIONS AND PROGRAMS HEALTH ADMINISTRATION Zero to Five. Zero to Five is a statewide initiative supporting local collaboration in Western Montana to create a community where children and families thrive. In Flathead County, we serve as the anchor organization facilitating community led projects on childcare, family engagement, resiliency, and data. A full time staff member based out of the Health Department coordinates these projects and serves as the liaison to other community-based projects in kindergarten readiness and maternal mental health. Public Health Accreditation. In 2016, we received national accreditation through the Public Health Accreditation Board (PHAB). PHAB’s national accreditation program fosters health departments’ commitment to quality improvement, performance management, accountability, transparency, and the capacity to deliver the Ten Essential Public Health Services. Committed to achieving the highest standards of public health practice, nationally accredited health departments demonstrate a consistent and continued commitment to strengthening their community partnerships, which in turn enables them to better serve their communities. The accreditation process requires yearly reporting along with a re-accreditation process every five years. Public Health Administration. The Health Administration division is responsible for all administrative tasks to serve the Health Department. This includes all fiscal reporting, budgeting and claims processing. This division performs the human resource duties including recruiting, hiring and union negotiations. Trauma-Informed Care. Flathead County has recognized a widespread impact of trauma on residents including the clients and families served at the Health Department. Work is currently underway to integrate knowledge about trauma into the organization to make the Health Department a model trauma-informed care organization through the development and implementation of relevant policies, procedures and practices. Recognizing that the Health Department is only one organization in the community, we are also working to collaborate with stakeholders to educate and guide other community organizations to adopt trauma informed practices. Community Health Needs Assessment/Community Health Improvement Plan. The Community Health Needs Assessment (CHNA) is a systematic, data-driven approach to determining the health status, behaviors and needs of residents in Flathead County, Montana. A CHNA provides information so that communities may identify issues of greatest concern and decide to commit resources to those areas, thereby making the greatest possible impact on community health status. We conduct an assessment every three years in collaboration with Kalispell Regional Healthcare, North Valley Hospital, and Flathead Community Health Center. The CHNA is utilized to develop health priorities and strategies to address the priorities. These strategies are provided in the Community Health Assessment. Flathead Forward. Flathead Forward (FlatheadForward.com) is an online platform that provides a communication and data sharing structure for coalitions across the county. Flathead Forward is currently helping action groups create and showcase metrics to help provide hyperlocal data. This tool also enables the Health Department to track data through the use of data tags aligned with the current Community Health Improvement priorities. HEALTH PROMOTION Emergency Preparedness Program. The emergency preparedness program provides the Health Department an opportunity to enhance planning for emergent situations. We collaborate with community partners including healthcare providers, hospitals, emergency response entities, businesses, and community agencies. Efforts include assessment of current planning, integration of plans, and development of critical capacities to ensure collaborative response to events in Flathead County. Tobacco Use Prevention. The mission of the Tobacco Use Prevention Program, as designated by the Montana Tobacco Use Prevention Program (MTUPP), is to address the public health crisis caused by the use of all forms of commercial tobacco products. This program works closely with schools, healthcare providers, and employers to eliminate tobacco use, especially among young people, through both local and statewide programs and policies. Comprehensive Cancer Control. The Health Department continues to contract with the Montana Department of Public Health and Human Services to implement locally driven, evidence based strategies for a comprehensive approach to control cancer. The goals and objectives are tied to the already developed Montana Comprehensive Cancer Control Plan and support the plan’s priority objectives. Montana Cancer Screening Program (MSCP). The MSCP provides breast cancer screening to women 40-64 years of age and cervical cancer screening to women who are 21-64. MSCP contracts for the provision of free clinical breast exams, mammograms and pap tests to a target population of women 50-64 who meet the income eligibility, are uninsured or underinsured. Buckle-Up Flathead. Buckle-Up works to reduce motor vehicle crash injuries and fatalities due to nonuse or misuse of occupant restraints in Flathead County. Buckle Up Flathead also provides a Car Seat Safety Program to ensure proper installation of car seats and provides low cost car seats for those in need. Flathead County DUI Task Force. DUI Task Force promotes a healthier and safer environment for county residents by reducing the number of alcohol related traffic crashes through public education, awareness, and legislation and enforcement strategies. Suicide Prevention. The state of Montana continues to have one of the highest rates of suicide in the nation. The Health Department provides suicide prevention trainings and resources including Mental Health First Aid, Question Persuade Refer training, and gun locks. Sharps. The Sharps program represents a joint effort between the Solid Waste Department and the Health Department to ensure proper disposal of personal sharps. Small sharps containers are provided, at no-charge, to individuals utilizing syringes. These containers are distributed at the majority of pharmacies across the Flathead Valley. The containers, once full, are brought back to the pharmacy and picked up and disposed of at a specified location in the landfill. An employee distributes and collects the containers. HOME HEALTH Flathead Choice Home Health. Flathead Choice Home Health serves the medical needs of the homebound residents regardless of payor source. Our agency makes available the full range of disciplines Medicare designates for a Home Health Agency: Skilled Nursing, Physical Therapy, Occupational Therapy, Speech Therapy, and Medical Social Work. FAMILY PLANNING AND HIV SERVICES Flathead Family Planning provides confidential reproductive health care services including: physical exams, contraceptive supplies, pregnancy testing and counseling, STD testing and treatment. The family planning services were integrated with the Flathead Community Health Center effective July, 2010 and allows for family planning patients to receive services outside of the scope of the federal family planning grant. Flathead Family Planning employs nurse practitioners, medical assistants, and health educators. HIV Services. HIV Services consist of three separate programs with independent funding sources. The HIV Prevention Grant is funded by the Centers for Disease Control (CDC) through the State of Montana. This grant funds free and anonymous HIV testing to designated high-risk populations as well as HIV prevention and outreach work. The Ryan White Program provides case management services to HIV positive individuals who reside in the northwest region of Montana. The case management includes assisting individuals to obtain medical care, housing and ensuring that basic needs are met. This program is funded entirely with federal funds from HRSA. A small portion of funding is provided through a contract with the State of Montana to provide case management focusing on psychosocial issues and some medical case management. The balance of the funding is provided through an agreement with Partnership Health Center in Missoula to provide early intervention services and medical case management for HIV positive individuals. ENVIRONMENTAL HEALTH Food and Consumer Safety Program. Most of the facilities inspected with this program are licensed by the Food and Consumer Safety Section of the Montana Department of Public Health and Human Services. These include all food facilities (pushcarts, caterers, processors, grocery stores, bakeries, etc.), public accommodations (motels, hotels, Bed & Breakfast, tourist homes), trailer courts/campgrounds, and public pools and spas. Other facilities that are not licensed, but are inspected include schools, day care centers and assisted living facilities. Sewage Treatment System. The powers and duties of local board of health require boards to adopt necessary regulations that are not less stringent than state standards for the control and disposal of sewage from private and public buildings and facilities that are not regulated by Title 75, chapter 6, or Title 76, chapter 4. All installation or alterations of septic systems require a permit from the Health Department prior to construction. Inspections of all systems are conducted in order to ensure compliance with the Flathead County Regulations for Sewage Treatment Systems. Subdivision Review. Subdivision review is done under contract with the Montana Department of Environmental Quality to verify compliance with the Sanitation in Subdivisions Act. This Act requires all parcels created in the subdivision process that are less than 20 acres to be reviewed for suitability for water supply and sewage treatment. Ambient Air Quality. The Flathead County Air Pollution Control Program monitors ambient air quality at sites in Kalispell, Columbia Falls, and Whitefish. The monitoring equipment measures particulates less than 10 microns and particles less than 2.5 microns in size. Open burning is allowed during the months of March through June and October and November. Permitting and enforcement are also part of the open burning program. Mosquito Control Program. The primary mission of mosquito control is to protect the health of the citizens within Flathead County. This is accomplished through surveillance, treating areas known to producing mosquitoes and public education. Trap sites are maintained to trap adult mosquitoes which are tested for the presence of West Nile Virus (WNV). Extensive mapping aids in identifying high-risk areas for both nuisance mosquitoes and those capable of transmitting WNV. COMMUNITY HEALTH Communicable Disease. The Health Department is legally responsible for the surveillance, investigation and follow up on communicable disease activity. We do this work in cooperation with hospitals, medical providers, schools, and daycares. Immunization Services. The Health Department has an immunization clinic open daily for walk in and scheduled appointments at FCCHD and monthly in Columbia Falls and Whitefish. Seasonal clinics held for influenza, middle school and kindergarten roundup. The Immunization Action Plan provides for school, daycare and immunization record assessments, middle school immunization campaign, and immunization records keeping and tracking with the Montana immunization registry. Maternal Child Health (MCH). MCH provides core maternal and child health services to pregnant women, nonpregnant women of childbearing age, infants younger than one year of age, children and adolescents under age 22, or children with special health care needs. This work includes contracted school nursing services and the Fetal Infant Child Maternal Mortality Review. Public Health Home Visiting. Public Health Home Visiting provides targeted case management services provided for high-risk pregnant women and children. This includes home and office visits by public health nurses, social workers and dieticians to provide assessments, referrals, and educations and interventions. The goals for all home visiting programs are to increase goal setting in families and to help build confidence and competence in parents to increase positive interaction with their children, improve school readiness and support parent and family well- being. Women Infants and Children Program. Funded through the USDA WIC provides supplemental foods, health care referrals, and nutrition education for low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk. FLATHEAD COMMUNITY HEALTH CENTER (FCHC) Flathead Community Health Center. Since its inception in 2007, the FCHC has seen significant growth and change. With the receipt of federal funding in March 2009, the center has continued to grow and add services. Behavioral Health services and the Family Medicine Residency of Western Montana were added in 2013 and 2014 respectively. The FCHC maintains a 340B pharmacy program. Through a collaborative agreement with Sykes Pharmacy, the FCHC is able to purchase medications at public health service prices and pass the discounted price onto the patients. Services are provided in Kalispell and at a satellite clinic in Hungry Horse. Medical provides patient centered clinical services including: acute, chronic, and preventative medical care, obstetrical care and education for people of all ages. The medical clinic employs general practitioners, nurse practitioners, medical assistants, a physician assistant, nurses and educational and support staff. Family Medicine Residency of Western Montana provides the medical services described above. Family Practice Residents in their final two years of residency and a faculty physician provide these services. Behavioral Health Services provide counseling services to patients. This program employs licensed clinical social workers and psychologists. Dental provides dental services including urgent and non-urgent dental care. Demand for dental services continues to exceed our capacity to provide services. The dental clinic employs dentists, a dental hygienist, dental assistants, and support staff. FLATHEAD COUNTY ANIMAL SHELTER Animal Shelter. The Flathead County Animal Shelter, the municipal animal shelter of Flathead County, is overseen and administered by the Health Department. The shelter is an open and managed admission shelter and adoption center providing safe haven and humane care to homeless dogs and cats residing in Flathead County while they await permanent, loving homes. All animals at this shelter are spayed or neutered, vaccinated, licensed (dogs), and micro- chipped prior to adoption.  Total Flathead City County Health Department Budget Health Total Expenditures FY20 Health Clinic Health $ 2,914,861 22.9% Mosquito $ 253,683 2.0% Animal Shelter $ 553,217 4.4% Grant $ 3,701,285 29.1% Mosquito Health Clinic $ 5,287,963 41.6% $ 12,711,009 Animal Shelter Grant Page 1  Health Fund Department Budget Sharps Maint/Custodial Health Grants Total Expenditures FY20 Administration Administration $ 773,059 26.5% Immuniz/CD $ 992,609 34.1% Environmental $ 830,698 28.5% Maint/Custodial $ 89,432 3.1% Sharps $ 13,675 0.5% Health Grants $ 215,388 7.4% $ 2,914,861 Environmental Immuniz/CD Page 2 Flathead County Health Department Budgets FY16-FY20 General Health Fund FY20 FY19 FY18 FY17 FY16 Revenue Tax Revenue 1,602,338 1,207,263 1,390,634 1,495,339 1,465,337 Fee & Other Revenue 1,087,610 1,124,899 1,003,810 951,950 1,042,620 Grant Revenue 219,349 183,382 55,832 42,354 Transfers In 4,000 4,000 4,000 4,000 4,000 2,913,297 2,519,544 2,454,276 2,451,289 2,554,311 Expenditures Salary 1,409,974 1,315,571 1,269,761 1,244,713 1,199,385 Benefits 254,015 240,847 230,409 220,801 192,165 Health 291,060 241,377 225,312 190,495 169,967 Operating ** 710,328 648,129 575,085 596,440 746,866 Grant Expenses 215,388 183,396 37,419 35,814 42,354 Transfers Out 34,096 21,437 22,556 22,405 24,370 Capital Transfers Out - - 110,000 80,000 140,000 2,914,861 2,650,757 2,470,542 2,390,668 2,515,107 Net Increase/(Decrease) (1,564) (131,213) (16,266) 60,621 39,204 ** FY20 Operating Expenses include $23K of expenses reclassified as operating expenses from capital expense Page 3 Flathead County Health Department General Health Fund Budget FY20 FY20 Mill Levy Administration Immuniz/CD Environmental Maint/Cust Sharps Grants FTE 27.65 6.20 7.75 10.40 1.50 0.10 1.70 Revenue Tax Revenue 1,602,338 1,602,338 Fee & Other Revenue 1,087,610 188,510 493,100 406,000 Grant Revenue 219,349 219,349 Transfers In 4,000 4,000 2,913,297 1,602,338 188,510 493,100 406,000 - 4,000 219,349 Expenditures Salary 1,409,974 389,471 403,184 557,756 56,364 3,199 Benefits 254,015 68,980 71,448 99,753 13,268 566 Health 291,060 62,040 91,740 116,160 19,800 1,320 Operating 710,328 227,232 419,229 55,277 8,590 Grant Expenses 215,388 215,388 Transfers Out 34,096 25,336 7,008 1,752 Capital Transfers Out - 2,914,861 - 773,059 992,609 830,698 89,432 13,675 215,388 Net Increase/(Decrease) (1,564) 1,602,338 (584,549) (499,509) (424,698) (89,432) (9,675) 3,961 Page 4 Flathead County Health Department General Health Fund Budget FY19 FY19 Mill Levy Administration Immuniz/CD Environmental Maint/Cust Sharps Grants FTE 25.50 6.20 7.60 9.40 1.50 0.10 0.70 Revenue Tax Revenue 1,207,263 1,207,263 Fee & Other Revenue 1,124,899 185,549 513,100 426,250 Grant Revenue 183,382 183,382 Transfers In 4,000 4,000 2,519,544 1,207,263 185,549 513,100 426,250 - 4,000 183,382 Expenditures Salary 1,315,571 373,790 389,516 495,167 54,102 2,996 Benefits 240,847 67,070 69,918 89,867 13,454 538 Health 241,377 55,856 77,229 90,053 17,099 1,140 Operating 648,129 195,480 394,530 49,529 8,590 Grant Expenses 183,396 183,396 Transfers Out 21,437 15,280 4,447 1,710 Capital Transfers Out - 2,650,757 - 707,476 935,640 726,326 84,655 13,264 183,396 Net Increase/(Decrease) (131,213) 1,207,263 (521,927) (422,540) (300,076) (84,655) (9,264) (14) Page 5 Flathhead City County Health Department Levy City/ County Health Fund FY20 FY19 FY18 FY17 FY16 Mills Allowed 6.18 6.43 6.29 6.63 6.57 Mills Levied 5.99 4.90 5.70 6.63 6.57 Mill Value $ 47,125.81 $ 42,868.32 $ 41,231.23 $ 38,018.01 $ 37,952.79 Page 6  City of Kalispell Charles A. Harball Office of City Attorney Tel 406.758.7709 City Attorney 201 First Avenue East Fax 406.758.7758 P.O. Box 1997 charball@kalispell.com Kalispell, MT 59903-1997 _______________________ MEMORANDUM TO: Doug Russell, City Manager FROM: Charles Harball, City Attorney SUBJECT: Updating Portions of City Regulations Regarding Parking Vehicles on Sidewalks, Lodging in Motor Vehicles in the Public Right-of-Way, and the Disposal of Unclaimed Personal Property MEETING DATE: August 26, 2019 – Council Work Session Issues of Discussion: This discussion will involve three issues of City regulation that the police and the planning and zoning departments are asking to be considered for revision. 1) Parked Motor Vehicles Blocking the Sidewalks. The existing ordinances do not allow driving upon the city sidewalks or parking upon the boulevards, but they do not specifically address parking in such a way that blocks the pedestrian traffic use of the sidewalk. This occurs regularly where residents access their driveways from the street but do not use or have a garage in which to park their vehicle or have more than one vehicle and not enough space to park them without blocking the sidewalk with a vehicle. The attached proposed amendment addresses this issue. 2) Lodging in Motor Vehicles within the Public Right-of-Way. Over the past few years, the City has experienced an increase in the number of people parking their recreational vehicles, pickup campers or buses along the city street curbs to lodge there overnight. Some of these stay long term and others move the vehicles from place to place in town. Residents have complained about this, expressing various concerns about the compromise to the health and safety of the neighborhood. The City regulations currently treat this as a zoning issue, there being no permitted use of the City right-of-way for overnight camping. However, the legal process for correcting zoning violations is inadequate for addressing this situation. Therefore, the attached proposed ordinance identifies this behavior as a civil infraction in which the police are authorized to contact the violators to seek compliance and to cite into the municipal court if necessary. Memorandum Addressing Requested Amendments to Certain City Regulations August 26, 2019 Page - 2 3) Disposal of Unclaimed Personal Property Held by the City. The Kalispell Police Department comes into the possession of personal property in the normal course of business, through criminal investigations and by receiving apparently lost property in order to find the owner. The City currently has a resolution on the books for the disposal of some of this property based upon the authority given to it under Title 45 of the MCA that addresses primarily the disposal of evidence. This method of disposal has proven to be cumbersome and inadequate for much of the property collected by the department and the inventory of personal property has far outgrown the City’s capacity to store it. Other cities in the state also experience this problem. Therefore, the 2017 legislature addressed it with an amendment to Title 7 of the MCA. The attached proposed resolution employs this law and following it will greatly assist the police department in the disposal of its inventory of unclaimed personal property. Office of City Attorney City of Kalispell  ORDINANCE NO. XXXX AN ORDINANCE AMENDING R.O. 1947 § 320 AND ORDINANCE NO. 706 § 1 CODIFIED IN THE KALISPELL MUNICIPAL CODES AT 17-57 ENTITLED “BLOCKING ALLEYS OR DRIVEWAYS”, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, it is in the best interests of the City and its residents and visitors that the sidewalks intended for pedestrian use remain unobstructed so that pedestrian and motor vehicle traffic do not conflict in the City streets; and WHEREAS, the Kalispell City Council finds that the amendment to KMC 17-57 set forth in Exhibit “A”, attached hereto, is necessary and proper to protect the safety and welfare of the pedestrian public using the sidewalks in the City of Kalispell. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Municipal Code is hereby amended as set forth in Exhibit “A”, attached hereto and incorporated fully herein by this reference. SECTION 2. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 2019. ____________________________________ Mark Johnson Mayor ATTEST: _______________________________ Aimee Brunckhorst, CMC City Clerk  EXHIBIT “A” 17-57 Blocking Alleys, or Driveways or Sidewalks. No vehicle shall be parked so as to block or interfere with the free use of any alley, driveway or sidewalk.  ORDINANCE NO. XXXX AN ORDINANCE RESTRICTING THE USE OF THE PUBLIC RIGHT-OF-WAY FOR LODGING WITHIN MOTOR VEHICLES, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, it is in the best interests of the City and its residents and visitors that the use of its public right-of- ways does not unnecessarily infringe upon the peaceful enjoyment of private property or compromise the safety and welfare of the community; and WHEREAS, the public right-of-ways in the City are being increasingly used for the purposes of parking and lodging within motor vehicles, including recreational vehicles, campers and buses, overnight and for extended lodging; and WHEREAS, the Kalispell City Council finds that such use of the public right-of-way, as described above, is not a permitted use for the reasons that it unreasonably increases the intended density of residential use, it does not provide the sanitation services necessary for residential use, and there are, within the City and surrounding community, suitable accommodations to serve the needs for those seeking to lodge within their motor vehicles; and WHEREAS, the Kalispell City Council further finds that violations of this ordinance should be civil infractions and provided the due process as set forth in Chapter 1, Article 2 of the Kalispell Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. It shall be unlawful to lodge within a motor vehicle in the public right-of-way in the City of Kalispell. SECTION 2. Definitions. Lodge means to board and use as a living quarters. Motor Vehicle means an automobile, truck, recreational vehicle, camper or bus. SECTION 3. This ordinance shall be enforced by the City of Kalispell Police Department. A violation of this ordinance shall be a civil infraction and provided the due process as set forth in Chapter 1, Article 2 of the Kalispell Municipal Code. SECTION 4. The City Attorney is hereby authorized and directed to codify this Ordinance. SECTION 5. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 2019. ____________________________________ Mark Johnson Mayor ATTEST: _______________________________ Aimee Brunckhorst, CMC City Clerk  RESOLUTION NO. _______ A RESOLUTION TO ESTABLISH PROCEDURES FOR THE DISPOSITION OF UNCLAIMED PERSONAL PROPERTY ITEMS THAT COME INTO POSSESSION OF THE KALISPELL POLICE DEPARTMENT AS AUTHORIZED BY SECTION 7-8-105 OF THE MONTANA CODE ANNOTATED. WHEREAS, the City of Kalispell is a general powers city of the state of Montana and, in the course of its functions, the Kalispell City Police Department [KPD] comes into possession of unclaimed tangible personal property; and WHEREAS, pursuant to the terms of MCA §45-5-305, the City Council passed Resolution No. 4841 on October 20, 2003, addressing the disposition of certain personal property items coming into the possession of the Kalispell Police Department; and WHEREAS, in 2017 the Montana Legislature adopted and codified MCA §7-8-105 authorizing general powers municipalities to pass a resolution that is consistent with that statute providing for the disposition of unclaimed tangible personal property items that come into its possession; and, WHEREAS, KPD has acquired a substantial inventory of unclaimed personal property, the disposal of which is not suitably addressed under the terms of MCA §45-5-305 and Resolution No. 4841 causing the City to bear the costs and burden of unnecessary storage of tangible personal property; and WHEREAS, it is the desire of the City of Kalispell to establish procedures for the disposal of tangible personal property items valued at $20.00 or more pursuant to the terms of MCA §7-8-105 so that such items may be more readily removed from the inventory in the possession of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The Kalispell Police Department (KPD) shall dispose of unclaimed tangible personal property items valued at $20.00 or more and which are not otherwise addressed under Montana state law in the following manner: 1. Any unclaimed personal property items shall be held by the KPD for a period of at least three (3) months after taking possession of the item. 2. The KPD shall make a reasonable effort to determine the legal owner of the item and to contact him or her advising of its recovery while the item remains in its possession. 3. If at any time after KPD has taken possession of a personal property item subject to this policy, an individual presents KPD with proof of legal ownership of the item, that item shall be restored to the owner.  4. For any personal property item turned over to the KPD by a “finder” who does not otherwise claim ownership of the item, the KPD will do the following: ` a) record the name and contact information for the “finder;” and, b) allow that person to reclaim possession of the item after holding the unclaimed personal property item for more than three months. 5. Not less than ten (10) days before the time set for disposition of the unclaimed personal property item, the KPD shall publish a notice of the planned disposition of the item in a local newspaper of general circulation. 6. After providing the required public notice, if more than (3) months have elapsed since the property came into possession of the KPD and the legal owner has not reclaimed the item or if a legal owner cannot be ascertained or contacted, the KPD may take one of the following actions with the property item: a) destroy the item, if allowed or required by local, state or federal law; b) return the item to the “finder,” if applicable; c) donate the item to a nonprofit community organization; or, d) sell the item at a public auction to the highest bidder with the net sale proceeds to be deposited into the city’s general fund. SECTION 2. After property has been returned, destroyed, donated, or sold at a public auction, the property or the value of the property is not redeemable by the owner or other person otherwise entitled to possession. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS _____ DAY OF __________________, 2019. __________________________________ Mark Johnson Mayor ATTEST: ____________________________ Aimee Brunckhorst, CMC City Clerk