City Council Agenda

CITY COUNCIL WORK SESSION AGENDA August 14, 2023, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East The public can participate in person in the council chambers or via videoconferencing. Register to join the video conference at: https://us02web.zoom.us/webinar/register/WN_lMnQc-GsR1uOMTagBDBXzA. Please see the bottom of the agenda for instructions to watch the meeting live. A. CALL TO ORDER B. DISCUSSION 1. Development Services Loan Program Transition to Montana West Economic Development Authority 2. Banner Policy C. PUBLIC COMMENT Persons wishing to address the council are asked to do so at this time. Public comment can be provided in person, verbally during the online meeting, or via email to publiccomment@kalispell.com D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS E. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Regular Meeting – August 7, 2023, at 7:00 p.m. – Council Chambers Next Work Session – August 14, 2023, at 7:00 p.m. – Council Chambers To provide public comment live, remotely, please register for the video conference through zoom and use the raise hand feature to indicate you would like to provide public comment. See the top of the agenda for the zoom link. Watch City Council sessions live or later on Charter Cable Channel 190 or online at https://www.kalispell.com/480/Meeting-Videos. The City does not discriminate on the basis of disability in its programs, services, activities, and employment practices. Accessible parking is available at the rear entrance to City Hall off of the alley, where there is an accessible entrance, and accessible restrooms nearby. Auxiliary aids are also available. For questions about disability accommodations please contact the City Clerk at 406-758-7756. Page 1 of 2 Kalispell City Council Agenda, August 14, 2023 ADMINISTRATIVE CODE Adopted July 1, 1991 Section 2-20 Manner of Addressing Council a. Each person not a Council member shall address the Council, at the time designated in the agenda or as directed by the Council, by stepping to the podium or microphone, giving that person's name and address in an audible tone of voice for the record, and unless further time is granted by the Council, shall limit the address to the Council to three minutes. b. All remarks shall be addressed to the Council as a body and not to any member of the Council or Staff. c. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion either directly or through a member of the Council, without the permission of the Presiding Officer. d. No question shall be asked of individuals except through the Presiding Officer. PRINCIPLES FOR CIVIL DIALOGUE Adopted by Resolution 5180 on February 5, 2007 ◼ We provide a safe environment where individual perspectives are respected, heard, and acknowledged. ◼ We are responsible for respectful and courteous dialogue and participation. ◼ We respect diverse opinions as a means to find solutions based on common ground. ◼ We encourage and value broad community participation. ◼ We encourage creative approaches to engage in public participation. ◼ We value informed decision-making and take personal responsibility to educate and be educated. ◼ We believe that respectful public dialogue fosters healthy community relationships, understanding, and problem solving. ◼ We acknowledge, consider and respect the natural tensions created by collaboration, change, and transition. ◼ We follow the rules & guidelines established for each meeting. Page 2 of 2  Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Development Services Director SUBJECT: Development Services Loan Program Transition MEETING DATE: August 14, 2023 BACKGROUND: Development Services currently manages a loan program utilizing both Community Development Block Grant (“CDBG”) and the United States Department of Agriculture Office of Rural Development Intermediary Relending Program (“IRP”) funds. During budget preparation discussion occurred regarding the desire to transfer the loan funds to Montana West Economic Development (“MWED”). MWED currently operates and oversees CDBG and IRP loan programs and is experienced in working with and complying with the administrative requirements of State, Federal, and community lending programs in Montana. Accordingly, the City and MWED desire to enter into a mutually beneficial arrangement that enables MWED to expand its loan program offerings in the City to benefit small business and eliminate duplication of services. As such, MWED will provide services to the City related to the management and administration of the two City loan programs. RECOMMENDATION: It is recommended that the Council receive the report and direct the staff as needed. FISCAL EFFECTS: No fiscal impact at this time, however, provided the Council moves forward with the transition $460,000.00 in IRP funds and $180,000.00 in CDBG funds would go to MWED for their management and administration. ATTACHMENTS: DRAFT CDBG Administrative Agreement DRAFT IRP Administrative Agreement City Loan Funds c: Aimee Brunckhorst, Kalispell City Clerk  Community Development Block Grant Revolving Loan Fund Administrative Agreement Between the City of Kalispell and Montana West Economic Development THIS AGREEMENT is entered into on this _____ day of ____________, 2023, by and between the City of Kalispell (the “City”) and Montana West Economic Development (“MWED”), a Montana not for profit organization in regard to the administration of City Community Development Block Grant Revolving Loan Funds (“RLF”), (hereinafter referred to collectively as the "Agreement") between the City and MWED. WITNESSETH WHEREAS, the City has two fully revolved RLF’s, which are designed to leverage private investment in new or expanded business for the purpose of generating new jobs; and WHEREAS, MWED will establish a RLF totaling $180,000.00 comprised of the City RLF; and WHEREAS, MWED shall use the RLF to provide financing to leverage private investment in the City by making low interest loans thereby enhancing the RLF for the benefit of all eligible users; and WHEREAS, MWED has substantial experience regarding Federal loan programs, including loan programs and funding through the CDBG. Furthermore, the RLF will complement the existing loan programs which MWED has administered for two decades. MWED currently operates and oversees CDBG loan programs and is experienced in working with and complying with the administrative requirements of State, Federal, and community lending programs in Montana; and WHEREAS, the City and MWED desire to enter into a mutually beneficial arrangement that enables MWED to expand its loan program offerings in the City to benefit small business. MWED will provide services to the City related to the management and administration of the RLF. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties to this Agreement hereby agree as follows: 1. To the extent that the RLF as described in the Recitals is established, MWED will provide all necessary management and administrative services regarding the RLF, .Page - 1 ADMINISTRATIVE AGREEMENT City of Kalispell Montana West Economic Development  existing City established RLF loans, and subsequent Ultimate Borrower loans approved under the program. In that regard, MWED acknowledges that it has reviewed the CDBG national objectives, and, as part of its administrative functions, will ensure compliance with the requirements. Without limiting the generality of the foregoing administrative obligations, MWED will undertake all the following obligations: a. MWED will produce all necessary financial statements, loan summaries, reports and similar materials; b. MWED will produce and provide in a timely manner all necessary budgets to the City including, but not limited to budgets for loan programs and proposed administrative costs; c. MWED will manage the Ultimate Borrower loan portfolios created through the use of the RLF by, among other things, creating and retaining all necessary documentation regarding such loans; disbursing loan proceeds; receipting and depositing payments of principal and interest; communicating with Ultimate Borrowers; and any other administrative measures necessary to properly manage each of the Ultimate Borrower loans; d. MWED will manage existing City loan portfolio created through the use of RLF by, among other things, creating and retaining all necessary documentation regarding such loans; receipting and depositing payments of fees, principal and interest; funding the required reserves; communicating with borrowers; and any other administrative measures necessary to properly manage each loan; e. MWED shall manage all security interests in Ultimate Borrower collateral and in the event of an Ultimate Borrower loan default shall collect and sell all physical collateral for the benefit of the City; f. MWED shall deposit and hold all RLF cash in a federally insured, interest bearing account, at a bank or other financial institution; g. MWED will include the RLF into MWED’s overall marketing plan for loan programs; h. MWED will assist the City in completing all required audits and providing the results to the City; and 2. Initial and revolved Ultimate Borrower loan decisions shall be made by a majority vote of the MWED loan committee comprised of members selected by MWED. 3. Administrative Fees. MWED may receive reasonable loan origination fees plus interest on each Ultimate Borrower loan it makes. 4. Arbitration. To the extent that disputes arise regarding provisions of this Agreement, the parties will attempt to resolve such disputes through good faith negotiations. If the parties cannot resolve disputes during that time period, or such other period as may be mutually agreeable, the parties shall resolve such disputes exclusively through binding arbitration. Such arbitration shall take place in Kalispell, Montana before a single .Page - 2 ADMINISTRATIVE AGREEMENT City of Kalispell Montana West Economic Development  arbitrator under the commercial arbitration rules of the American Arbitration Association (the “AAA”). If the parties cannot agree on an arbitrator, one shall be selected by the AAA. The prevailing party is entitled to recover attorney’s fees and costs. 5. Indemnification. MWED shall indemnify and hold harmless the City for any shortfall in Revolving Fund cash whether in principal, interest, or otherwise as a result of Ultimate Borrower loan defaults. MWED shall indemnify and hold harmless the City, the City Development Services Department, and their agents and employees from and against all claims, damages, losses and expenses, including attorney fees, arising out of, or resulting from, the Agency's performance of its obligations under this Agreement, provided that any such claim, damage, loss, or expense is: A. Attributable to bodily injury, sickness, disease or death or to damage or destruction of tangible property, including the loss and use resulting therefrom; and, B. Is caused in whole or in part by any negligent act or omission of the Agency or its contractor(s), and subcontractor(s), or anyone directly or indirectly employed by any one of them, for whose acts any of them may be liable, regardless of whether or not it is caused in part or by a party indemnified hereunder. 6. Termination. Upon providing 90 calendar days written notice to the other Party or as otherwise agreed between the Parties, either Party may terminate this Agreement with respect to one or more services under this agreement. MWED agrees that upon termination of this Agreement, MWED will cooperate in good faith with the City to provide the City (or its designee) with reasonable assistance to make an orderly transition, including the following: i. Developing a transition plan with assistance from the City or its designee ii. Providing training to City personnel or its designee’s personnel to perform the RLF services iii. Organizing and delivering to the City copies of all records and materials of all Ultimate Borrower loan files iv. MWED shall continue to service and manage any Ultimate Borrower loans outstanding until these are paid in full v. Indemnification shall remain in full force and effect from the date of termination of this Agreement for Ultimate Borrower loans outstanding at the termination of this Agreement. 7. This Agreement constitutes the entire Agreement between the City and MWED regarding the RLF and supersedes any prior discussions or negotiations between the Parties. This .Page - 3 ADMINISTRATIVE AGREEMENT City of Kalispell Montana West Economic Development  Agreement may be amended or modified in writing, signed by both Parties which expressly states that it is intended to modify the terms of this Agreement. 8. This Agreement is being executed in the City of Kalispell by Montana legal entities and shall be governed by Montana law. City of Kalispell By:_________________________________________ Date:_____________________ Doug Russell, City Manager ATTEST: Aimee Brunckhorst, City Clerk STATE OF MONTANA ) : County of Flathead ) On this ______ day of _____________________, 2021, before me, a Notary Public for the State of Montana, personally appeared Doug Russell, City Manager of the City of Kalispell, and Aimee Brunckhorst, City Clerk of the City of Kalispell, and acknowledged to me that they executed the written instrument on behalf of said entity. Montana West Economic Development By:_________________________________________ Date:_____________________ Christy Cummings Dawson, President ATTEST: Aimee Brunckhorst, City Clerk STATE OF MONTANA ) : County of Flathead ) On this ______ day of _____________________, 2021, before me, a Notary Public for the State of Montana, personally appeared Doug Russell, City Manager of the City of Kalispell, and Aimee Brunckhorst, City Clerk of the City of Kalispell, and acknowledged to me that they executed the written instrument on behalf of said entity. .Page - 4 ADMINISTRATIVE AGREEMENT City of Kalispell Montana West Economic Development  .Page - 5 ADMINISTRATIVE AGREEMENT City of Kalispell Montana West Economic Development  Intermediary Relending Program Administrative Agreement Between the City of Kalispell and Montana West Economic Development THIS AGREEMENT is entered into on this _____ day of ____________, 2023, by and between the City of Kalispell (the “City”) and Montana West Economic Development (“MWED”), a Montana not for profit organization. in regard to the administration of the United States Department of Agriculture Office of Rural Development (the “USDA-RD”) Intermediary Relending Program (“IRP”) (hereinafter referred to collectively as the "Agreement") between the City and MWED. WITNESSETH WHEREAS, the City has two loans from the United States Department of Agriculture Office of Rural Development (the “USDA-RD”) under the Intermediary Relending Program (“IRP”). MWED will establish a revolving fund totaling $460,000.00 (the “Revolving Fund”) comprised of the two City USDA-RD loans; and WHEREAS, MWED shall use the IRP to provide financing to leverage private investment in the City by making low interest loans; and WHEREAS, MWED has substantial experience regarding Federal loan programs, including loan programs and funding through the USDA, such as the IRP. Furthermore, the IRP will complement the existing loan programs which MWED has administered for two decades. MWED currently operates and oversees IRP loan programs and is experienced in working with and complying with the administrative requirements of State, Federal, and community lending programs in Montana; and WHEREAS, the City and MWED desire to enter into a mutually beneficial arrangement that enables MWED to expand its loan program offerings in the City to benefit small business. MWED will provide services to the City related to the management and administration of the IRP. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties to this Agreement hereby agree as follows: 1. To the extent that the IRP as described in the Recitals is established, MWED will provide all necessary management and administrative services regarding the IRP, existing City established loans, and subsequent Ultimate Borrower loans approved under the program. In that regard, MWED acknowledges that it has reviewed the terms of the USDA-RD Letter of Conditions dated XXX, and, as part of its administrative functions, will ensure compliance with the requirements as set forth in that letter as well as all other USDA-RD  requirements. Without limiting the generality of the foregoing administrative obligations, MWED will undertake all the following obligations: a. MWED will produce all necessary financial statements, loan summaries, reports and similar materials in a timely manner to the USDA-RD, and will provide copies of the same to the City and other persons or entities which may require such documentation under the IRP; b. MWED will produce and provide in a timely manner all necessary budgets to the USDA-RD, or other agencies of the federal or state governments regarding the IRP including, but not limited to budgets for loan programs and proposed administrative costs; c. MWED will manage the Ultimate Borrower loan portfolios created through the use of the IRP loan funds by, among other things, creating and retaining all necessary documentation regarding such loans; disbursing loan proceeds; receipting and depositing payments of principal and interest; funding the required reserves, communicating with Ultimate Borrowers; and any other administrative measures necessary to properly manage each of the Ultimate Borrower loans; d. MWED will manage existing City loan portfolio created through the use of the IRP loan funds by, among other things, creating and retaining all necessary documentation regarding such loans; receipting and depositing payments of fees, principal and interest; funding the required reserves; communicating with borrowers; and any other administrative measures necessary to properly manage each loan; e. MWED shall make debt service payments due on City USDA-RD IRP loans; f. MWED shall manage all security interests in Ultimate Borrower collateral and in the event of an Ultimate Borrower loan default shall collect and sell all physical collateral for the benefit of the City; g. MWED shall deposit and hold all IRP cash in a federally insured, interest bearing account, at a bank or other financial institution; h. MWED will include the City IRP funds into MWED’s overall marketing plan for IRP loan programs; i. MWED will assist the City in completing all required audits and providing the results to the USDA-RD regarding the IRP; and j. MWED will determine and notify the City of all reserves required consistent with the USDA-RD regulations. 2. Initial and revolved Ultimate Borrower loan decisions shall be made by a majority vote of the MWED loan committee comprised of members selected by MWED.. 3. Administrative Fees. MWED may receive reasonable loan origination fees plus interest on each Ultimate Borrower loan it makes, subject to compliance with the IRP administrative and program requirements. 4. Revolved funds are the cash portion of the Revolving Fund that is the principal and interest payments from Ultimate Borrower loans. Revolved Funds are not considered Federal funds. Revolved Funds shall be used for (1) debt service payments on the USDA-RD IRP loan; (2) additional Ultimate Borrower loans; (3) debt service reserve  fund; (4) reserve for bad debts; (5) reasonable administrative costs; and (6) technical assistance provided to Ultimate Borrowers. 5. Arbitration. To the extent that disputes arise regarding provisions of this Agreement, the parties will attempt to resolve such disputes through good faith negotiations. If the parties cannot resolve disputes during that time period, or such other period as may be mutually agreeable, the parties shall resolve such disputes exclusively through binding arbitration. Such arbitration shall take place in Kalispell, Montana before a single arbitrator under the commercial arbitration rules of the American Arbitration Association (the “AAA”). If the parties cannot agree on an arbitrator, one shall be selected by the AAA. The prevailing party is entitled to recover attorney’s fees and costs. 6. Indemnification. MWED shall indemnify and hold harmless the City for any shortfall in Revolving Fund cash whether in principal, interest, or otherwise as a result of Ultimate Borrower loan defaults. To the extent that cash in the Revolving Fund is insufficient for the City to make a debt service payment to USDA-RD, MWED shall make a deposit to the Revolving Fund cash account sufficient to meet the required dept service payment. MWED shall indemnify and hold harmless the City, the City Development Services Department, and their agents and employees from and against all claims, damages, losses and expenses, including attorney fees, arising out of, or resulting from, the Agency's performance of its obligations under this Agreement, provided that any such claim, damage, loss, or expense is: A. Attributable to bodily injury, sickness, disease or death or to damage or destruction of tangible property, including the loss and use resulting therefrom; and, B. Is caused in whole or in part by any negligent act or omission of the Agency or its contractor(s), and subcontractor(s), or anyone directly or indirectly employed by any one of them, for whose acts any of them may be liable, regardless of whether or not it is caused in part or by a party indemnified hereunder. 7. Termination. Upon providing 90 calendar days written notice to the other Party or as otherwise agreed between the Parties, either Party may terminate this Agreement with respect to one or more services under this agreement. In the event that the IRP to USDA- RD remains outstanding and upon termination of the Agreement by either party as outlined, all fees and expense reimbursements earned through the effective date of termination shall be due and payable in accordance with the provisions hereof. MWED agrees that upon termination of this Agreement, MWED will cooperate in good faith with the City to provide the City (or its designee) with reasonable assistance to make an orderly transition, including the following: i. Developing a transition plan with assistance from the City or its designee ii. Providing training to City personnel or its designee’s personnel to perform the IRP services  iii. Organizing and delivering to the City copies of all records and materials of all Ultimate Borrower loan files iv. MWED shall continue to service and manage any Ultimate Borrower loans outstanding until these are paid in full v. Indemnification shall remain in full force and effect from the date of termination of this Agreement for Ultimate Borrower loans outstanding at the termination of this Agreement. 8. This Agreement constitutes the entire Agreement between the City and MWED regarding the IRP and supersedes any prior discussions or negotiations between the Parties. This Agreement may be amended or modified in writing, signed by both Parties which expressly states that it is intended to modify the terms of this Agreement. 9. This Agreement is being executed in the City of Kalispell by Montana legal entities and shall be governed by Montana law. City of Kalispell By:_________________________________________ Date:_____________________ Doug Russell, City Manager ATTEST: Aimee Brunckhorst, City Clerk STATE OF MONTANA ) : County of Flathead ) On this ______ day of _____________________, 2021, before me, a Notary Public for the State of Montana, personally appeared Doug Russell, City Manager of the City of Kalispell, and Aimee Brunckhorst, City Clerk of the City of Kalispell, and acknowledged to me that they executed the written instrument on behalf of said entity. Montana West Economic Development By:_________________________________________ Date:_____________________ Christy Cummings Dawson, President ATTEST: Aimee Brunckhorst, City Clerk STATE OF MONTANA )  : County of Flathead ) On this ______ day of _____________________, 2021, before me, a Notary Public for the State of Montana, personally appeared Doug Russell, City Manager of the City of Kalispell, and Aimee Brunckhorst, City Clerk of the City of Kalispell, and acknowledged to me that they executed the written instrument on behalf of said entity. COMMUNITY DEVELOPMENT-REVOLVING FUND FUND: 2880-480-470210 PROJECTED REVENUE AND FUND SUMMARY estimated proposed ACTUAL BUDGET ACTUAL BUDGET FY21/22 FY22/23 FY22/23 FY23/24 BEGINNING CASH 10100 Cash, Operating $258,801 $76,677 $76,677 $80,057 10162 Cash, Reserve for investment (S&C) $43,855 $43,855 $43,855 $59,679 $302,656 $120,532 $120,532 $139,736 REVENUES 345010 Application fees $0 $0 $0 $0 373020 Loan Proceeds/Principal $40,936 $16,866 $16,866 $9,857 373010 Loan Proceeds/-Interest $1,693 $1,388 $1,388 $340 371010 Interest Earnings (inc S&C interest) $2,245 $2,000 $2,500 $2,000 Total Revenue $44,874 $20,254 $20,754 $12,197 Total Available $347,530 $140,786 $141,286 $151,933 EXPENDITURES 353 Auditing $1,000 $1,000 $1,000 $1,200 354 Contract Services $998 $1,500 $550 $1,500 810 Redevelopment $225,000 $55,000 $0 $80,000 Total Expenditures $226,998 $57,500 $1,550 $82,700 ENDING CASH 10100 Cash, Operating $76,677 $23,607 $80,057 $21,699 10162 Cash, Reserve for s & c investment $43,855 $59,679 $59,679 $47,534 Total Cash $120,532 $83,286 $139,736 $69,233 PROGRAM DESCRIPTION This is a fund established in 2005 that consolidates "all" of the various loan types the Department has in existence or will be starting. Each type of loan activity has its own line item number and can be easily identified for the audit or monitoring. 49 COMMUNITY DEVELOPMENT-REVOLVING FUND #2 FUND: 2881-480-470210 PROJECTED REVENUE AND FUND SUMMARY estimated proposed ACTUAL BUDGET ACTUAL BUDGET FY21/22 FY22/23 FY22/23 FY23/24 BEGINNING CASH 10100 Cash, Operating $335,732 $67,983 $67,983 $101,119 $335,732 $67,983 $67,983 $101,119 REVENUES 373020 Loan Proceeds/Principal $32,041 $32,041 $32,041 $19,293 371010 Interest Earnings $615 $1,000 $1,500 $1,000 Total Revenue $32,656 $33,041 $33,541 $20,293 Total Available $368,388 $101,024 $101,524 $121,412 EXPENDITURES 354 Contract services $405 $405 $405 $475 810 Redevelopment $300,000 $50,000 $0 $100,000 Total Expenditures $300,405 $50,405 $405 $100,475 ENDING CASH 10100 Cash, Operating $67,983 $50,619 $101,119 $20,937 Total Cash $67,983 $50,619 $101,119 $20,937 50 RURAL DEVELOPMENT LOAN REVOLVING #61-01 FUND: 2887-480-470210 PROJECTED REVENUE AND FUND SUMMARY estimated proposed ACTUAL BUDGET ACTUAL BUDGET FY21/22 FY22/23 FY22/23 FY23/24 BEGINNING CASH 10100 CASH: operating $176,291 $182,685 $182,685 $227,263 10140 CASH: loan loss reserve $32,557 $45,414 $45,414 $17,232 Total Cash $208,848 $228,099 $228,099 $244,495 REVENUES 373010 Loan Interest $7,587 $7,054 $7,054 $6,553 371010 Other Interest $215 $500 $250 $200 373030 Principal $33,638 $31,166 $31,166 $22,162 Total Revenue $41,440 $38,720 $38,470 $28,915 Amount Available $250,288 $266,819 $266,569 $273,410 EXPENDITURES Redevelopment Activity $115 $170,000 $0 $180,000 Principal (Loan 61-01) $19,204 $19,396 $19,396 $19,590 Interest (Loan 61-01) $2,870 $2,678 $2,678 $2,484 Contract Service (Loan Software) $0 $0 $0 $475 Total Expenditure $22,189 $192,074 $22,074 $202,549 ENDING CASH 10100 CASH: operating $182,685 $29,331 $227,263 $54,969 10140 CASH: loan loss reserve (6% o/s loans principal) $45,414 $45,414 $17,232 $15,892 $228,099 $74,745 $244,495 $70,861 PROGRAM DESCRIPTION The purpose of the Revolving Loan Fund (RLF) is to provide gap financing or business retention, expansion or start-up with the focus on job creation. Funding Sources for the RLF come from possible CDBG Economic Development Grants, TIF, Rural Development Intermediary relending Program (IRP) funds and the Community Development Revolving Loan Fund. The department was successful in writing a Rural Development (RD) grant application for $520,000 from the RD Intermediary Relending Program (IRP) on 10/12/04. 53 RURAL DEVELOPMENT LOAN REVOLVING #61-03 FUND: 2888-480-470210 PROJECTED REVENUE AND FUND SUMMARY estimated proposed ACTUAL BUDGET ACTUAL BUDGET FY21/22 FY22/23 FY22/23 FY23/24 BEGINNING CASH 10100 CASH: operating $320,097 $309,884 $309,884 $299,979 10140 CASH: loan loss reserve $0 $0 $0 $0 Total Cash $320,097 $309,884 $309,884 $299,979 REVENUES 371010 Other Interest $313 $400 $350 $300 Total Revenue $313 $400 $350 $300 Amount Available $320,410 $310,284 $310,234 $300,279 480-470210 EXPENDITURES 354 Contract Services-Loan Software $500 $500 $500 $500 610 Principal Repayment to IRP 61-03 $8,553 $8,638 $8,368 $8,725 620 Interest Repayment to IRP 61-03 $1,473 $1,387 $1,387 $1,300 750 Redevelopment Activity $0 $289,000 $0 $279,000 Total Expenditures $10,526 $299,525 $10,255 $289,525 ENDING CASH 10100 CASH: operating $309,884 $10,759 $299,979 $10,754 10140 CASH: loan loss reserve (6% of o/s prin of loans) $0 $0 $0 $0 $309,884 $10,759 $299,979 $10,754 PROGRAM DESCRIPTION The purpose of the Revolving Loan Fund (RLF) is to provide gap financing or business retention, expansion or start-up with the focus on job creation. Funding sources for the RLF come from possible CDBG Economic Development Grants, TIF, Rural Development Intermediary relending Program (IRP) funds and the Community Development Revolving Loan Fund. The department was successful in writing a Rural Development (RD) grant application on 11/27/06 from the RD Intermediary Relending Program (IRP) of which $257,500 was used. 54  Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Kalispell City Council FROM: Jarod Nygren, Development Services Director SUBJECT: Banner Policy DATE: August 24, 2023 (Work session) BACKGROUND: The Council last held a work session regarding a banner policy on January 24, 2022. At that time there were concerns voiced by the Kalispell Business Improvement District (KBID) and the Tourism Business Improvement District (TBID) regarding some of the limitations being proposed. Since that time staff has worked with both the KBID and TBID regarding their concerns. As such, staff has prepared an updated policy for Council consideration. RECOMMENDATION: It is recommended that the Council review the DRAFT policies for banners and direct staff as necessary. ATTACHMENTS: DRAFT Banner Policy  City of Kalispell Downtown and Parkline Banner Policy The purpose of the Main Street and Kalispell Parkline Banner Program is to protect the health, safety and general welfare of the people residing in or visiting the City of Kalispell and to promote community events and/or interests within the City limits of Kalispell. A banner sign is a sign composed of light-weight material erected over public right-of-way for a limited duration to emphasize a particular event, activity, or celebration sponsored or promoted by the City of Kalispell. Banner Requirements: 1. Banner advertises an event sponsored by the City of Kalispell including its component units (KBID/TBID) and highlights activities, general messaging or seasonal display occurring in or around the City of Kalispell. 2. Banner display dates must be approved and scheduled by the Banner Review Committee. Event banners are limited to 14 days on display. Seasonal and general messaging to be displayed as appropriate. 3. The Banner Review Committee is comprised of a representative from each of the following: a. City of Kalispell Parks and Recreation Department b. Kalispell Business Improvement District c. Kalispell Tourism Business Improvement District d. City Clerk 4. All banners must be for events sponsored or promoted by the City of Kalispell, or its component units for benefit to the City and/or Community of Kalispell. NO BUSINESS NAMES are allowed on any portion of the banner, even as a sponsor. Banners are not to be used for advertising or promoting political candidates, parties or issues. 5. Banner must contain wind flaps/slits not less than 18 inches apart and be made of adequate material. 6. Banners must be printed on both sides. 7. Main Street Banner size, location, and installation is per Montana Department of Transportation guidance. 8. Parkline Banner size is: 22” across at top, 60” long at pole, triangular. There are 28 poles. Page 1 of 3  CITY OF KALISPELL MAIN STREET AND PARKLINE BANNER PROCESS FORM Complete Form Must Be Submitted 30 Days Prior to Request Name of City Department or Component Unit Proposing Banner: ______________________________________________________________________________ Contact Person: Contact Phone #: Contact Email: Name of Event/Activity: __________ Event Date(s): _________________Event Location: ___________________________________ Requested dates for banner display. First Choice: _____________________________________ Second Choice: __________________________________ Proposed banner wording and design: Banner Location(s): Banner Location: Main Street: North at Kalispell Parkline Trail Crossing South at 12th Street Parkline Trail INSURANCE BOTH governmental entity AND the banner installer must provide: A Certificate of Liability Insurance with the minimum limits of $750,000 per claim and $1.5 million per occurrence. The Certificate of Insurance must name the City of Kalispell as certificate holder or as an additionally named insured on the policy. Page 2 of 3 The proofs of insurance must be submitted to the Kalispell City XXX Office with Banner Process Form. For insurance questions please contact the City XXX Office at (406) 758-XXXX. MAIN STREET AND PARKLINE BANNER REVIEW COMMITTEE APPROVAL FORM Parks and Recreation Dept. __________________________ Date:____________________ Notes:____________________________________________________________________ Kalispell Business Improvement District________________Date:_____________________ Notes:____________________________________________________________________ Kalispell Tourism Business District____________________Date:_____________________ Notes:____________________________________________________________________ City Clerk: _______________________________________ Date: __________________ Notes:____________________________________________________________________ Approve / Deny Reason, if denied: Proof of Government Entity Minimum Insurance Limits & City named Additional Insured: Yes/No Proof of Installer Minimum Insurance Limits & City named Additional Insured: Yes/No Additional Notes: Page 3 of 3